Title XXXVI — STATUTORY ACTIONS AND TORTS

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; 190…

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 en…

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 …

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 REFEREN…

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 summo…

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 defe…

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

524.080. 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 p…

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 t…

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 actio…

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 plaintif…

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…

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 §…

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…

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 cond…

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…

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 …

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; 191…

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 re…

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 t…

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. ­­-------- (R…

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 th…

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

524.240. 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 th…

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 …

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 po…

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

[Repealed or reserved.]

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