446.180. Erroneous descriptions in patents--correction.
Erroneous descriptions in patents--correction.
446.180. 1. Whenever an error has been made in thedescription of land in any patent, the person to whom such patentwas issued, or any person who has acquired title to the landintended to be described in such erroneous patent by mesneconveyances from the person to whom such erroneous patent wasissued, may have a new patent issued correctly describing suchland by:
(1) Proving, by affidavits or otherwise, to the satisfactionof the secretary of state, that he, or someone under whom heclaims title, purchased the land for which a corrected patent issought from the state and that the state has been paid for suchland; and
(2) Filing an affidavit that he makes no claim to the landerroneously described in the patent sought to be corrected andthat neither he, nor anyone by, through, or under whom he claimstitle, has ever made any claim to such land by virtue of or undersuch erroneous patent.
2. When an applicant has complied with subdivisions (1) and(2) of subsection 1 of this section, the secretary of state shallmake the correction requested. A new patent correctly describingthe land to which the applicant claims title shall be issued tosuch applicant when he delivers the erroneous patent or acertified copy thereof to the secretary of state, or proves tothe secretary of state, by affidavits of two disinterestedhouseholders of the township in which the land to be described inthe corrected patent is located, that he, and those under whom heclaims title, have been in the open, notorious, exclusive,continuous, adverse, and hostile possession of all of such landfor the period of ten years immediately prior to the time offiling an application under this section, and that during suchtime no other person has ever set up or made any claim to suchland, or any portion thereof, which is hostile or adverse to thetitle of the applicant and those under whom he claims title; andexecutes a deed releasing the erroneously patented land to thestate.
3. The provisions of this section shall only apply when therecords in the office of the secretary of state show that theland in question is state land which has not been disposed of toany other person and when all documents and proofs required bythis section have been filed in the land department of thesecretary of state and preserved among the records thereof.
(RSMo 1939 § 12715, A.L. 1983 S.B. 109)Prior revisions: 1929 § 11091; 1919 § 6955; 1909 § 7959