Chapter 524 Ejectment

524.280 - Executions, to whom issued and how governed.

Steven Groce, Attorney Advertisement

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

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; 1909 § 2403

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 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

524.290 - Action for damages may be maintained, when.

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

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 a total denial of his right as such cotenant.

(RSMo 1939 § 1537)

Prior revisions: 1929 § 1373; 1919 § 1823; 1909 § 2390

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 § 1837; 1909 § 2404

524.240 - If plaintiff gives notice, in writing, compensation shall not be recovered.

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

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 to the plaintiff.

(RSMo 1939 § 1544)

Prior revisions: 1929 § 1380; 1919 § 1830; 1909 § 2397

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 under tax deed may sue for recovery of possession, when, 140.580

524.250 - Compensation shall only be made once.

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

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 ejectment to notify landlord, penalty, 441.090

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 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

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

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 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

524.270 - Ordinary execution to issue, when.

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

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, 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.

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 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

524.260 - Writ of possession and execution may issue, when.

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

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; 1909 § 2384

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 § 1543)

Prior revisions: 1929 § 1379; 1919 § 1829; 1909 § 2396

524.230 - Not to be divided, when.

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

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 and costs.

(RSMo 1939 § 1542)

Prior revisions: 1929 § 1378; 1919 § 1828; 1909 § 2395

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 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, 446.250, 446.260

524.220 - Land may be divided, when.

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

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 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

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 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

524.210 - Plaintiff to make deed, when.

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

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 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.

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 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.