140.300. Collector, written guaranty--action on--damages.
Collector, written guaranty--action on--damages.
140.300. 1. The county collector, at the time of the saleand after the purchaser has made payment of the amount of his bidshall endorse upon and annex to the certificate to be given tothe purchaser his written guaranty, signed by him, warrantingthat the taxes which are named in the certificate are due uponthe tract, lot, piece or parcel of land.
2. And if it at any time appears that the county collectorbefore the time of making the guaranty, received, either inperson or by deputy, the taxes assessed against the tract, lot,piece or parcel of land, the holder of the certificate isentitled to his action upon the written guaranty, forthwith, uponthe facts becoming known that the lands were by reason thereofimproperly sold, and without waiting the accrual of any specialdamage to the holder. The measure of damages to which the holderof the certificate is entitled is the amount paid by the holder,as taxes, interest, penalty and charges, with lawful interestthereon, plus an additional penalty of ten percent of the sums;or the holder is entitled to his action on the official bond ofthe collector, against him and his sureties, as for derelictionin duty, in which action the measure of damages is the same asabove mentioned.
(RSMo 1939 § 11134, A.L. 1959 H.B. 106)