Mo. Rev. Stat. » Chapter 490
Missouri Revised Statutes

Mo. Rev. Stat. § 490.410 (2026)

Acknowledged instruments affecting realty

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  490.410.  Acknowledged instruments affecting realty. — Every instrument in writing, conveying or affecting real estate, which shall be acknowledged or proved, and certified as herein prescribed, may, together with the certificates of acknowledgment or proof, and relinquishment, be read in evidence, without further proof.

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(RSMo 1939 § 3435)

Prior revisions: 1929 § 3048; 1919 § 2207; 1909 § 2818

CROSS REFERENCE:

Instruments affecting real estate in foreign language, sworn translation evidence, when, 442.140

(1952) This section means that a certificate of acknowledgment is prima facie evidence that the deed was duly executed; that is that it was signed and delivered. Baker v. Baker, 363 Mo. 318, 251 S.W.2d 31.

(1955) Bond, given by purchaser of land to insure against forbidden use, which was executed by corporation in manner prescribed by statute, acknowledged and recorded, held admissible in evidence and imported a consideration. Cook v. Tide Water Associated Oil Co. (A.), 281 S.W.2d 415.

Notes of Decisions
Cited in 9 cases, 1951–2017 · leading case: Deutsche Bank Nat'l Trust Co. v. Vaughn, 524 S.W.3d 193 (Mo. Ct. App. 2017).
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Deutsche Bank Nat'l Trust Co. v. Vaughn, 524 S.W.3d 193 (Mo. Ct. App. 2017). · cites it 4× “The relevant statute herein is section 490.410, which allows any document affecting real estate which is “acknowledged or proved, and certified as herein prescribed” to be admitted into.”
Cook v. Tide Water Associated Oil Co., 281 S.W.2d 415 (Mo. Ct. App. 1955). · cites it 4× “380 states that “Every instrument in writing * * * whereby any real estate may be affected, in law or equity, proved or acknowledged and certified in the manner herein prescribed, shall be recorded * * and Section 490.410 provides that “Every instrument in writing, conveying' or…”
Missouri Land Dev. I, LLC v. Raleigh Dev., LLC, 407 S.W.3d 676 (Mo. Ct. App. 2013). · cites it 2× “” Section 490.410. A recital specifying the purpose of the correction deed and identifying the deed being corrected with as much detail as possible should be included in any correction deed.”
Baker v. Baker, 251 S.W.2d 31 (Mo. 1952). · cites it 3× “Section 490.410, RSMo 1949, provides that deeds, when acknowledged, “may, together with the certificates of acknowledgment * * * , be read in evidence, without further proof.”
Wilcox v. Coons, 241 S.W.2d 907 (Mo. 1951). · cites it 2× “(§ 490.410, RSMo 1949), from a properly acknowledged deed introduced in *388 evidence.”
Shroyer v. Shroyer, 425 S.W.2d 214 (Mo. 1968). · cites it 2× “Appellants-grantees claim the benefit of a presumption of delivery arising out of the fact that the deed was acknowledged, under § 490.410, RSMo 1959, V.A. M.S. and cases holding that under the statute the certificate of acknowledgment takes the place of proof that the deed was…”
Hayes v. Jayne, 498 S.W.2d 829 (Mo. Ct. App. 1973). · cites it 3× “Section 490.410, RSMo 1969, V.A.M.S. permits acknowledged instruments to be read into evidence without further proof.”
Byrne v. Schneider, 808 S.W.2d 936 (Mo. Ct. App. 1991). “1955); RSMo § 490.410. The power of attorney here, by not being properly acknowledged, did neither.”
Walkup v. Evinger, 653 S.W.2d 383 (Mo. Ct. App. 1983). “420 RSMo 1978 specifically authorizes the introduction of the certified transcript of the record of the recorder’s office, subject only to the condition that the proponent of the offer show that the instrument is lost or not within the power of the party wishing to use the same.”
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