Effective – 28 Aug 1939 524.010. Ejectment maintained generally, when. — An action for the recovery of the possession of premises may be maintained in all cases where the plaintiff is legally entitled to the possession thereof. ——– (RSMo 1939 § 1529) Prior revisions: 1929 § 1365; 1919 § 1815; 1909 § 2382 (1971) Where […]
Effective – 28 Aug 1939 524.020. Ejectment maintained in particular cases, when. — An action for the recovery of the possession of land may also be maintained against any person not having a better title thereto, in all cases where the plaintiff claims possession thereof under or by virtue of: (1) An entry or bounty […]
Effective – 28 Aug 1939 524.030. Tenants in common may sue jointly. — Two or more tenants in common may join in the action, and jointly prosecute and sustain such action for the recovery of the estate by them owned in common. ——– (RSMo 1939 § 1531) Prior revisions: 1929 § 1367; 1919 § 1817; […]
Effective – 28 Aug 1939 524.040. Parties to action. — The action shall be prosecuted in the real names of the parties thereto, and shall be brought against the person in possession of the premises claimed. ——– (RSMo 1939 § 1532) Prior revisions: 1929 § 1368; 1919 § 1818; 1909 § 2385 CROSS REFERENCE: Holder […]
Effective – 28 Aug 1939 524.050. Who may be made codefendant. — The person from or through whom the defendant claims title to the premises may, on motion, be made a codefendant. ——– (RSMo 1939 § 1533) Prior revisions: 1929 § 1369; 1919 § 1819; 1909 § 2386 CROSS REFERENCE: Tenant served with summons in […]
Effective – 28 Aug 1939 524.060. Petition — necessary averments. — It shall be sufficient for the plaintiff to aver in the petition that on some day therein to be specified, he was entitled to the possession of the premises, describing them, and being so entitled to the possession thereof, that the defendant afterward, on […]
Effective – 28 Aug 1939 524.070. Pleadings and proceedings. — All pleadings and proceedings in this action shall be conducted as in other civil actions, except where it is herein otherwise prescribed. ——– (RSMo 1939 § 1535) Prior revisions: 1929 § 1371; 1919 § 1821; 1909 § 2388
Effective – 28 Aug 1939 524.080. What plaintiff must show to recover. — To entitle the plaintiff to recover, it shall be sufficient for him to show that, at the time of the commencement of the action, the defendant was in possession of the premises claimed, and that the plaintiff had such right to the […]
Effective – 28 Aug 1939 524.090. What plaintiff must show to recover as against cotenant. — If the action is brought by a joint tenant, or tenant in common, against his cotenant, the plaintiff shall also be required to show on the trial that the defendant actually ousted him, or did some act amounting to […]
Effective – 28 Aug 1939 524.100. One or more joint plaintiffs may recover. — Where there are two or more plaintiffs, any one or more may recover any interest they may be entitled to, in the same manner as if they had brought separate actions; and it shall not be any objection to a recovery […]
Effective – 28 Aug 1939 524.110. What plaintiff may recover, if successful. — If the plaintiff prevail in the action, he shall recover damages for all waste and injury, and, by way of damages, the rents and profits, down to the time of assessing the same, or to the time of the expiration of the […]
Effective – 28 Aug 1939 524.120. Judgment where plaintiff’s right expires after suit. — If the right of the plaintiff to the possession of the premises expire after the commencement of the suit, and before the trial, the verdict shall be returned according to the fact, and judgment shall be entered only for the damages […]
Effective – 28 Aug 1939 524.130. Jury shall assess value of rents and profits, when. — If the plaintiff prevail in his action, and it appear in evidence that the right of the plaintiff to the possession is unexpired, the jury shall find the monthly value of the rents and profits. ——– (RSMo 1939 § […]
Effective – 28 Aug 1939 524.140. Judgment in such cases. — In such case the judgment shall be for the recovery of the premises, the damages assessed and the accruing rents and profits, at the rate found by the jury, from the time of rendering the verdict until the possession of the premises is delivered […]
Effective – 28 Aug 1949 524.150. Appeals — amount and condition of bond. — No supersedeas shall be granted upon an appeal allowed in favor of the defendant, unless the recognizance be in a sum and with security sufficient to secure the payment of all damages and accruing rents and profits, and with condition to […]
Effective – 28 Aug 1939 524.160. Defendant may recover compensation for improvements, when. — If a judgment or decree of dispossession shall be given in an action for the recovery of possession of premises, or in any real action in favor of a person having a better title thereto, against a person in the possession, […]
Effective – 28 Aug 1939 524.170. Petition — contents. — The plaintiff in his petition shall set forth the nature of his title, the length of his possession and the kind and value of the improvements made; and shall also aver therein that he entered into the possession of the land, believing that he had […]
Effective – 28 Aug 1939 524.180. Injunction may be granted. — An injunction may be granted to stay the plaintiff from taking possession of the land until the value of the improvements is ascertained, or until the further order of the court. ——– (RSMo 1939 § 1550) Prior revisions: 1929 § 1386; 1919 § 1836; […]
Effective – 28 Aug 1939 524.190. Plaintiff may relinquish land and recover value, less the improvements. — The plaintiff may in his answer ask for leave to relinquish the land to the occupying claimant, and to recover the value thereof, aside from the improvements. ——– (RSMo 1939 § 1551) Prior revisions: 1929 § 1387; 1919 […]
Effective – 28 Aug 1939 524.200. Claimant to pay value of land, when. — If the value of the improvements exceed the value of the land aside from the improvements, the court may order that the occupying claimant shall, by a time to be specified in the order, take the land, and pay the ascertained […]
