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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : STATUTORY ACTIONS AND TORTS
Chapter : Chapter 524 Ejectment
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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 neither the plaintiffs nor defendants were claiming title to
any lands of which the other had title and only issue was the location on
the ground of the boundary line between the two tracts, ejectment was the
proper remedy and it was error to decree title in plaintiff. Carroz v.
Kaminiski (Mo.), 467 S.W.2d 871.
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 land warrant location with the register and
receiver of any land office of the United States, or with the
commissioner of the general land office thereof; or
(2) An entry with the register and receiver of any land office in this
state; or
(3) A preemption right, under the laws of the United States, or of this
state; or
(4) A New Madrid location; or
(5) A confirmation made under the laws of the United States; or
(6) A land scrip location made in virtue of the laws of this state; or
(7) A French or Spanish grant, warrant or order of survey, surveyed by
proper authority, under the French or Spanish government, and recorded
according to the usages of the country prior to the tenth of March, 1804.
(RSMo 1939 § 1530)
Prior revisions: 1929 § 1366; 1919 § 1816; 1909 § 2383
CROSS REFERENCE: New Madrid certificates and patents, evidentiary effect,
RSMo 446.250, 446.260
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; 1909 § 2384
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 under tax deed may sue for recovery of
possession, when, RSMo 140.580
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 ejectment to notify
landlord, penalty, RSMo 441.090
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 some day to be
stated, entered into such premises, and unlawfully withholds from the
plaintiff the possession thereof, to his damage, in any sum he may claim.
(RSMo 1939 § 1534)
Prior revisions: 1929 § 1370; 1919 § 1820; 1909 § 2387
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
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 possession thereof as is declared by this
chapter to be sufficient to maintain the action. (RSMo 1939 § 1536)
Prior revisions: 1929 § 1372; 1919 § 1822; 1909 § 2389
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 a total denial of his right as such cotenant. (RSMo 1939 § 1537)
Prior revisions: 1929 § 1373; 1919 § 1823; 1909 § 2390
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 in such action that any one or several of the plaintiffs do not
prove any interest in the premises claimed, but those entitled shall have
judgment, according to their rights, for the whole or such part or
portion as they might have recovered if they had brought separate suits.
(RSMo 1939 § 1538)
Prior revisions: 1929 § 1374; 1919 § 1824; 1909 § 2391
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 plaintiff's title, under the following limitations:
(1) When it shall not be shown on the trial that the defendant had
knowledge of the plaintiff's claim prior to the commencement of the
action, such recovery shall be only from the time of the commencement of
the action;
(2) When it shall be shown on the trial that the defendant had knowledge
of the plaintiff's claim prior to the commencement of the action, and
that such knowledge came to the defendant within five years next
preceding the commencement of the action, such recovery shall be from the
time that such knowledge came to the defendant;
(3) When it shall be shown on the trial that knowledge of the plaintiff's
claim came to the defendant more than five years prior to the
commencement of the action, such recovery shall only be for the term of
five years next preceding the commencement of the action. (RSMo 1939 §
1541)
Prior revisions: 1929 § 1377; 1919 § 1827; 1909 § 2394
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 and costs. (RSMo 1939 § 1542)
Prior revisions: 1929 § 1378; 1919 § 1828; 1909 § 2395
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 § 1543)
Prior revisions: 1929 § 1379; 1919 § 1829; 1909 § 2396
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 to the plaintiff. (RSMo 1939 §
1544)
Prior revisions: 1929 § 1380; 1919 § 1830; 1909 § 2397
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 stay waste, in addition to the conditions
now required by law in such cases. (RSMo 1939 § 1547, A. 1949 H.B. 2126)
Prior revisions: 1929 § 1383; 1919 § 1833; 1909 § 2400
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, held by himself or by his tenant, of any lands, tenements
or hereditaments, such person may recover, in a court of competent
jurisdiction, compensation for all improvements made by him in good faith
on such lands, tenements or hereditaments, prior to his having had notice
of such adverse title. (RSMo 1939 § 1548)
Prior revisions: 1929 § 1384; 1919 § 1834; 1909 § 2401
(1979) A claim under this section must fail if it can be shown the
improvements were made with notice to an adverse title. Morris v.
Ulbright (A.), 591 S.W.2d 245.
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 good title thereto, and
that he made the improvements specified in the petition in good faith,
under the belief that he had good title to the land, and shall be
verified by his affidavit thereto annexed. (RSMo 1939 § 1549)
Prior revisions: 1929 § 1385; 1919 § 1835; 1909 § 2402
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; 1909 § 2403
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 § 1837; 1909 § 2404
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 value thereof to the plaintiff, and in default of
such payment the plaintiff shall take possession of the land, discharged
from all claim of such occupying claimant. (RSMo 1939 § 1552)
Prior revisions: 1929 § 1388; 1919 § 1838; 1909 § 2405
In all cases where the occupying claimant shall be adjudged to
take the land and pay the value thereof, the plaintiff shall, on payment
of the money, make to the occupying claimant a conveyance thereof, with
general warranty. (RSMo 1939 § 1553)
Prior revisions: 1929 § 1389; 1919 § 1839; 1909 § 2406
If the value of the land, aside from the improvements, exceeds
the value of the improvements, the court may, in its discretion, order
either that the plaintiff shall pay for the improvements before he shall
be allowed to take possession of the land, or that the land shall be
divided between the occupying claimant and the plaintiff, according to
their respective rights. (RSMo 1939 § 1554)
Prior revisions: 1929 § 1390; 1919 § 1840; 1909 § 2407
No partition shall be ordered or adjudged if the plaintiff
insist upon his right to retain the land. (RSMo 1939 § 1555)
Prior revisions: 1929 § 1391; 1919 § 1841; 1909 § 2408
If the plaintiff shall give the occupying claimant notice, in
writing, of his claim, and of the nature thereof, such notice shall bar
the occupying claimant, and all persons claiming from or through him, of
compensation for improvements made after such notice. (RSMo 1939 § 1556)
Prior revisions: 1929 § 1392; 1919 § 1842; 1909 § 2409
No occupying claimant shall recover compensation twice for his
improvements; and in all cases where the occupying claimant shall be paid
for his improvements by any person other than the proprietor of the
better title, such person shall be invested with the same rights, and
have the same remedy for the recovery thereof, as is given by this
chapter to such occupying claimant. (RSMo 1939 § 1557)
Prior revisions: 1929 § 1393; 1919 § 1843; 1909 § 2410
When the judgment for the plaintiff is both for the recovery of
the possession and of damages, the plaintiff may have a writ of
possession, which shall command the officer to whom directed to deliver
to the plaintiff possession of the premises, and shall also command him
to levy and collect the damages and costs, as in executions on judgments
in other civil actions. (RSMo 1939 § 1545)
Prior revisions: 1929 § 1381; 1919 § 1831; 1909 § 2398
When the judgment for the plaintiff is only for damages and
costs, execution may be had thereon, as on judgments in other civil
actions. (RSMo 1939 § 1546)
Prior revisions: 1929 § 1382; 1919 § 1832; 1909 § 2399
Executions and writs for the delivery of possession of real
property shall issue to the sheriff of the county where the same, or some
part thereof, is situate, and shall be governed, in all respects, by the
rules governing executions in ordinary cases, so far as the same may be
applicable. (RSMo 1939 § 1559)
Prior revisions: 1929 § 1395; 1919 § 1845; 1909 § 2412
An action for damages may be maintained in all the cases
enumerated in section 524.020. (RSMo 1939 § 1558)
Prior revisions: 1929 § 1394; 1919 § 1844; 1909 § 2411
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