Missouri § 442.420 "Grant, bargain and sell", how construed.

Missouri Statutes

§ 442.420 — "Grant, bargain and sell", how construed.

Missouri § 442.420

Title XXIXOWNERSHIP AND CONVEYANCE OF PROPERTY

Ch. 442Titles and Conveyance of Real Estate

This text of Missouri § 442.420 ("Grant, bargain and sell", how construed.) is published on Counsel Stack Legal Research, covering Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mo. Rev. Stat. § 442.420 (2026).

Text

The words "grant, bargain and sell" , in all conveyances in which any estate of inheritance in fee simple is limited, shall, unless restrained by expressed terms contained in such conveyances, be construed to be the following expressed covenants on the part of the grantor, for himself and his heirs to the grantee, his heirs and assigns:

(1)That the grantor was, at the time of the execution of such conveyance, seized of an indefeasible estate, in fee simple, in the real estate thereby granted;

(2)That such real estate was, at the time of the execution of such conveyance, free from encumbrances done or suffered by the grantor or any person under whom he claims;

(3)For further assurances of such real estate to be made by the grantor and his heirs to the grantee and his heirs and assi

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The words "grant, bargain and sell" , in all conveyances in which any estate of inheritance in fee simple is limited, shall, unless restrained by expressed terms contained in such conveyances, be construed to be the following expressed covenants on the part of the grantor, for himself and his heirs to the grantee, his heirs and assigns:

(1) That the grantor was, at the time of the execution of such conveyance, seized of an indefeasible estate, in fee simple, in the real estate thereby granted;

(2) That such real estate was, at the time of the execution of such conveyance, free from encumbrances done or suffered by the grantor or any person under whom he claims;

(3) For further assurances of such real estate to be made by the grantor and his heirs to the grantee and his heirs and assigns; and may be sued upon in the same manner as if such covenants were expressly inserted in the conveyance.

Legislative History

(RSMo 1939 § 3407) Prior revisions: 1929 § 3020; 1919 § 2180; 1909 § 2793 (1977) Purchaser at foreclosure sale not entitled to cancellation and refund when he later discovered he had purchased only a life estate. Words "bargain, sell and convey" do not import a covenant of fee simple title. Use of word "heirs" does not create a warranty of fee simple title. Michie v. National Bank of Caruthersville (A.), 558 S.W.2d 270.