Hammack v. Coffelt Land Title, Inc., 348 S.W.3d 75 (Mo. Ct. App. 2011)

(plaintiff sued defendant land title company for negligence and breach of contract over handling of deed and money received from sale of farm property; trial court found in favor of defendant; plaintiff asserted, on appeal, that trial court erred in finding general warranty deed executed by defendant, defendant’s wife and defendant’s brother was effective to transfer title to purchasers of farm property and, because general warranty deed not delivered into escrow to title company, relation-back doctrine not applicable; plaintiff further argued even if contract controlling as escrow agreement, terms of contract not fulfilled; appellate court affirmed; general beneficiary deed executed by two grantors that conveyed title in one grantor’s one-half interest to trust was terminated when grantors and others transferred title by general warranty deed held in escrow; escrow of deed occurred before one grantor’s death and terminated beneficiary deed under Mo. Rev. Stat. §461.033.5).