Lost or destroyed records--replacement--evidentiary effect.
446.190. 1. In all of the counties of this state in which,at any time heretofore, the official records and recordsaffecting the title to real estate therein, shall have been, byfire, war or other catastrophe, lost, destroyed, or injured so asto have become illegible, and whenever, hereafter, such recordsof any county, or the city of St. Louis, shall have been so lost,destroyed, or injured, it shall be the duty of the circuit judgesof the circuit court of such county, in conjunction with thecommissioners of the county commission of such county, or if inthe city of St. Louis the duty of the circuit judges thereof, toexamine into the state of such records; and in the event thatthey find any abstracts, copies, minutes, or extracts therefrom,existing after such loss, destruction or injury, and that saidabstracts, copies, minutes or extracts were fairly made, beforesuch loss, destruction, or injury by any person, persons orcorporation, in the ordinary and usual course of business, andthat said abstracts, copies, minutes or extracts contain amaterial and substantial part of said records so lost, destroyedor injured as aforesaid, the said judges shall certify the factsin regard to the loss, destruction or injury of such records, andin regard to such abstracts, copies, minutes or extractstherefrom, as such facts may be found by them; and if they are ofthe opinion that such abstracts, minutes, copies and extractstend to show a connected chain of title to the lands in suchcounty or city, they shall file such certificate, finding oropinion with the clerk of the circuit court thereof, whichcertificate shall be signed by said judges and have impressedthereon the seal of the county commission of such county, or ifin the city of St. Louis, the seal of the circuit court thereof;and thereupon, said abstracts, minutes, copies and extracts, orauthenticated copies thereof, shall be admissible as prima facieevidence in all courts and places in this state, and in allcourts held within this state, and in all inquiries, wherein thefacts shown by such abstracts, minutes, copies, or extracts maybe pertinent.
2. And it shall be the duty of the owner, owners, keeper orcustodian of such abstracts, minutes, copies or extracts, tofurnish to all persons or corporations so requesting, upon beingpaid or tendered the charges and fees herein provided for,certified copies of the same, or any part thereof. Saidcertificate to be made by such owner, owners, keeper, orcustodian, shall state that the paper or instrument to which itis appended or attached contains a true and correct copy of theentries set out in said abstracts, minutes, copies, or extracts,designating the same by the name of the compiler or makerthereof, when possible, to which the said filed certificate ofthe said circuit judge, or judges, and county commissionersrelate; said certificates shall be signed by the maker thereofand sworn to by him before some officer who is authorized by thelaws of this state to take and certify acknowledgments toinstruments for the conveyance of real estate.
3. And it shall be the duty of the owner, owners, keeper, orcustodian of such abstracts, minutes, copies or extracts, uponbeing paid or tendered the fees and charges herein provided for,to produce the same in court, and the courts of this state, andthe courts held within this state may compel the production ofthe same in court, by subpoena duces tecum, as in other cases.
4. In all cases in which any abstracts, minutes, copies andextracts, or copies thereof, which are made admissible inevidence under the provisions of sections 446.190 to 446.220,shall be required to be used in evidence, all deeds, conveyances,or other instruments appearing thereby to have been executed byany person or corporation, or in which they appear to havejoined, shall be presumed to have been duly witnessed, executedand acknowledged, unless the contrary appear therein; and allsales under powers of attorney, judgments, decrees or other legalproceedings, shall be presumed to be regular and correct, unlessthe contrary appear, and any person or corporation alleging anydefect or irregularity in any such conveyance, sale, judgment ordecree, or other legal proceeding, shall be held bound to provethe same; provided, that nothing contained in this section shallbe construed to impair the effect of said injured, lost ordestroyed records as notice.
Lost or destroyed records--replacement--evidentiary effect.
446.190. 1. In all of the counties of this state in which,at any time heretofore, the official records and recordsaffecting the title to real estate therein, shall have been, byfire, war or other catastrophe, lost, destroyed, or injured so asto have become illegible, and whenever, hereafter, such recordsof any county, or the city of St. Louis, shall have been so lost,destroyed, or injured, it shall be the duty of the circuit judgesof the circuit court of such county, in conjunction with thecommissioners of the county commission of such county, or if inthe city of St. Louis the duty of the circuit judges thereof, toexamine into the state of such records; and in the event thatthey find any abstracts, copies, minutes, or extracts therefrom,existing after such loss, destruction or injury, and that saidabstracts, copies, minutes or extracts were fairly made, beforesuch loss, destruction, or injury by any person, persons orcorporation, in the ordinary and usual course of business, andthat said abstracts, copies, minutes or extracts contain amaterial and substantial part of said records so lost, destroyedor injured as aforesaid, the said judges shall certify the factsin regard to the loss, destruction or injury of such records, andin regard to such abstracts, copies, minutes or extractstherefrom, as such facts may be found by them; and if they are ofthe opinion that such abstracts, minutes, copies and extractstend to show a connected chain of title to the lands in suchcounty or city, they shall file such certificate, finding oropinion with the clerk of the circuit court thereof, whichcertificate shall be signed by said judges and have impressedthereon the seal of the county commission of such county, or ifin the city of St. Louis, the seal of the circuit court thereof;and thereupon, said abstracts, minutes, copies and extracts, orauthenticated copies thereof, shall be admissible as prima facieevidence in all courts and places in this state, and in allcourts held within this state, and in all inquiries, wherein thefacts shown by such abstracts, minutes, copies, or extracts maybe pertinent.
2. And it shall be the duty of the owner, owners, keeper orcustodian of such abstracts, minutes, copies or extracts, tofurnish to all persons or corporations so requesting, upon beingpaid or tendered the charges and fees herein provided for,certified copies of the same, or any part thereof. Saidcertificate to be made by such owner, owners, keeper, orcustodian, shall state that the paper or instrument to which itis appended or attached contains a true and correct copy of theentries set out in said abstracts, minutes, copies, or extracts,designating the same by the name of the compiler or makerthereof, when possible, to which the said filed certificate ofthe said circuit judge, or judges, and county commissionersrelate; said certificates shall be signed by the maker thereofand sworn to by him before some officer who is authorized by thelaws of this state to take and certify acknowledgments toinstruments for the conveyance of real estate.
3. And it shall be the duty of the owner, owners, keeper, orcustodian of such abstracts, minutes, copies or extracts, uponbeing paid or tendered the fees and charges herein provided for,to produce the same in court, and the courts of this state, andthe courts held within this state may compel the production ofthe same in court, by subpoena duces tecum, as in other cases.
4. In all cases in which any abstracts, minutes, copies andextracts, or copies thereof, which are made admissible inevidence under the provisions of sections 446.190 to 446.220,shall be required to be used in evidence, all deeds, conveyances,or other instruments appearing thereby to have been executed byany person or corporation, or in which they appear to havejoined, shall be presumed to have been duly witnessed, executedand acknowledged, unless the contrary appear therein; and allsales under powers of attorney, judgments, decrees or other legalproceedings, shall be presumed to be regular and correct, unlessthe contrary appear, and any person or corporation alleging anydefect or irregularity in any such conveyance, sale, judgment ordecree, or other legal proceeding, shall be held bound to provethe same; provided, that nothing contained in this section shallbe construed to impair the effect of said injured, lost ordestroyed records as notice.
Lost or destroyed records--replacement--evidentiary effect.
446.190. 1. In all of the counties of this state in which,at any time heretofore, the official records and recordsaffecting the title to real estate therein, shall have been, byfire, war or other catastrophe, lost, destroyed, or injured so asto have become illegible, and whenever, hereafter, such recordsof any county, or the city of St. Louis, shall have been so lost,destroyed, or injured, it shall be the duty of the circuit judgesof the circuit court of such county, in conjunction with thecommissioners of the county commission of such county, or if inthe city of St. Louis the duty of the circuit judges thereof, toexamine into the state of such records; and in the event thatthey find any abstracts, copies, minutes, or extracts therefrom,existing after such loss, destruction or injury, and that saidabstracts, copies, minutes or extracts were fairly made, beforesuch loss, destruction, or injury by any person, persons orcorporation, in the ordinary and usual course of business, andthat said abstracts, copies, minutes or extracts contain amaterial and substantial part of said records so lost, destroyedor injured as aforesaid, the said judges shall certify the factsin regard to the loss, destruction or injury of such records, andin regard to such abstracts, copies, minutes or extractstherefrom, as such facts may be found by them; and if they are ofthe opinion that such abstracts, minutes, copies and extractstend to show a connected chain of title to the lands in suchcounty or city, they shall file such certificate, finding oropinion with the clerk of the circuit court thereof, whichcertificate shall be signed by said judges and have impressedthereon the seal of the county commission of such county, or ifin the city of St. Louis, the seal of the circuit court thereof;and thereupon, said abstracts, minutes, copies and extracts, orauthenticated copies thereof, shall be admissible as prima facieevidence in all courts and places in this state, and in allcourts held within this state, and in all inquiries, wherein thefacts shown by such abstracts, minutes, copies, or extracts maybe pertinent.
2. And it shall be the duty of the owner, owners, keeper orcustodian of such abstracts, minutes, copies or extracts, tofurnish to all persons or corporations so requesting, upon beingpaid or tendered the charges and fees herein provided for,certified copies of the same, or any part thereof. Saidcertificate to be made by such owner, owners, keeper, orcustodian, shall state that the paper or instrument to which itis appended or attached contains a true and correct copy of theentries set out in said abstracts, minutes, copies, or extracts,designating the same by the name of the compiler or makerthereof, when possible, to which the said filed certificate ofthe said circuit judge, or judges, and county commissionersrelate; said certificates shall be signed by the maker thereofand sworn to by him before some officer who is authorized by thelaws of this state to take and certify acknowledgments toinstruments for the conveyance of real estate.
3. And it shall be the duty of the owner, owners, keeper, orcustodian of such abstracts, minutes, copies or extracts, uponbeing paid or tendered the fees and charges herein provided for,to produce the same in court, and the courts of this state, andthe courts held within this state may compel the production ofthe same in court, by subpoena duces tecum, as in other cases.
4. In all cases in which any abstracts, minutes, copies andextracts, or copies thereof, which are made admissible inevidence under the provisions of sections 446.190 to 446.220,shall be required to be used in evidence, all deeds, conveyances,or other instruments appearing thereby to have been executed byany person or corporation, or in which they appear to havejoined, shall be presumed to have been duly witnessed, executedand acknowledged, unless the contrary appear therein; and allsales under powers of attorney, judgments, decrees or other legalproceedings, shall be presumed to be regular and correct, unlessthe contrary appear, and any person or corporation alleging anydefect or irregularity in any such conveyance, sale, judgment ordecree, or other legal proceeding, shall be held bound to provethe same; provided, that nothing contained in this section shallbe construed to impair the effect of said injured, lost ordestroyed records as notice.
