490.370. Recitals in deeds, evidence of heirship in certain cases.
Recitals in deeds, evidence of heirship in certain cases.
490.370. In any deed conveying real estate heretofore orhereafter made, by any person or persons claiming to be the heiror heirs of some other person, if a recital shall have been orshall be made in said deed, showing or tending to show suchheirship, or kinship, or if there shall have been, or shall be,an affidavit made in connection with said deed by one or more ofthe makers thereof, and attached to said deed, with a recitaltherein, showing, or tending to show, such heirship or kinship,such recital in such deed or such affidavit or both or the recordthereof, may be read in evidence as the testimony of the personsmaking such deed or affidavit, in the trial of any suit in anycourt in this state wherein the title to the real estatedescribed in said deed, or any part thereof, is involved orcalled in question in any manner; provided, however, that themaker of such deed and affidavit shall be dead or absent from thestate or otherwise disqualified from testifying in suit, and,that before such recital or affidavit shall be received inevidence it must be shown that the said deed was filed forrecord, in the office of the recorder of deeds of the countywhere said real estate, or some part thereof, is situated, atleast five years before the filing of the suit wherein suchrecital, or affidavit, is offered in evidence; and providedfurther, that the same person claiming title to said real estate,or some part thereof, or interest therein, or some person throughwhom he claims under or through said deed, shall have paid taxeson the land described in said deed, or some part thereof, orinterest therein, for three different years before the filing ofsuch suit.
(RSMo 1939 § 1851)Prior revisions: 1929 § 1687; 1919 § 5374