446.210. In all cases, and in all suits, trials and actions, in any of the courts of this state, and in any of the courts held within this state, in any proceeding relating to, or affecting the title to lands, or any interest therein, or any lien or encumbrance thereon, any party to such case, suit, trial or action shall be permitted to offer and introduce as evidence therein, and all of the said courts shall receive as competent evidence therein, any abstract of title, or land title abstract book, or books, which are fair upon their face, and which are shown to have been made by any person, in the usual and ordinary course of business, prior to the loss, injury or destruction of the official records, or parts thereof, of the county wherein the lands affected by such suit, trial or action lie; provided, that before such abstract, or land title abstract books shall be admissible, the party desiring to offer the same, or his agent, or attorney, shall, orally, in court, or by an affidavit filed in the cause, state under oath, that the originals of the deeds, conveyances or instruments affecting the title, or some part thereof, are lost, destroyed, or so injured as to be illegible, or that the said originals are not within the power of the party to produce, and that the record of such deeds, conveyances and instruments has been lost, destroyed or burned.
(RSMo 1939 § 1951)
Prior revisions: 1929 § 1787; 1919 § 5474; 1909 § 6417
Missouri General Assembly