Title XXXVI — STATUTORY ACTIONS AND TORTS

528.010. Equity suit — who may bring. — Whenever under or through any deed, conveyance or will, heretofore or hereafter made, an estate for life, or a conditional or contingent or other estate of uncertain vesting or duration is created, or provided for in lands with remainder ov…

528.020. Parties to suit. — 1. All persons in being who are vested, and all persons in being who might or would have become vested, with an estate in said lands in case the event, condition, contingency or lapse of time upon which the same may be limited to vest in such person ha…

528.030. Partition, suit for, by whom brought, how determined. — In all cases where lands, tenements or hereditaments are held in joint tenancy, tenancy in common, or coparcenary, including estates in fee, for life, or for years, tenancy by the curtesy and in dower, it shall be l…

528.040. Suit, where brought. — Such petition shall be filed in the circuit court of the county in which such lands, tenements or hereditaments lie; but if the same shall lie in two or more counties, whether in detached parcels or otherwise, said petition shall be filed in the ci…

528.050. Petition shall set forth what facts. — The petition shall particularly describe the premises sought to be divided or sold, and shall set forth the names, rights and title of all parties interested therein, so far as the same can be stated, including persons entitled to t…

528.060. Who shall be made parties. — Every person having any interest in such premises, whether in possession or otherwise, shall be made a party to such petition. ­­-------- (RSMo 1939 § 1714) Prior revisions: 1929 § 1550; 1919 § 1998; 1909 § 2562

528.070. When name or interest of a party is unknown, what necessary. — In case one or more of such parties, or the share or quantity of interest of any of the parties be unknown to the petitioner, or be uncertain or contingent, or the ownership of the inheritance shall depend up…

528.080. Those having an interest may appear and be made parties. — Any person having an interest in such premises, whether the same be present or future, vested or contingent, though not made a party in the petition, may appear and be made a party on application for that purpose…

528.090. Proceedings, how governed. — All pleadings and proceedings under this chapter shall be had as in ordinary civil actions. ­­-------- (RSMo 1939 § 1717) Prior revisions: 1929 § 1553; 1919 § 2001; 1909 § 2565

528.100. Conservators may act for disabled persons. — The conservators of the estates of minors and disabled persons, appointed according to law, are hereby authorized, in behalf of their respective protectees, to do and perform any matter or thing respecting the division of any …

528.130. Partition not to be made contrary to will. — No partition or sale of lands, tenements or hereditaments, devised by any last will, shall be made under the provisions of this chapter, contrary to the intention of the testator, expressed in any such will. ­­-------- (RSMo 1…

528.140. Partitioned lands subject to debts of estate. — Upon judgment of partition in proceedings commenced under this chapter, where the lands, tenements or hereditaments, or any portion thereof, sought to be divided as herein directed, shall have descended to any of the partie…

528.150. Judgment by default shall be rendered, when — proof of title to be exhibited. — If any of the parties, duly notified according to law, shall not appear and answer within the time allowed for that purpose, the default shall be entered, but the petitioners shall, neverthel…

528.160. Rights of parties to be determined, how — judgment to be rendered. — The court shall ascertain from the evidence, in case of a default, or from the confession of the parties, if they appear, or from the verdict by which any issue of fact shall be determined, and shall de…

528.170. Several shares may be set off together. — It shall be lawful for the court, in rendering judgment of partition, to order and direct that any number of shares be set off together in one parcel, and that the residue be divided among the other parties, according to their se…

528.180. Parcels, set off to the parties, to be held and enjoyed by them, how. — If partition be made according to such judgment, and the report of the commissioners, as herein directed, be confirmed, the parcel so set off to several parties shall thereafter be held and enjoyed b…

528.190. When parties claim adversely, court shall proceed, how. — Whenever it shall appear in any proceeding in partition that there are parties claiming the same portion adversely to each other, the court may either decide upon such adverse claims, or, in its discretion, direct…

528.200. Court shall appoint commissioners, when. — Whenever any judgment of partition shall be rendered, the court shall appoint not less than three nor more than five competent persons as commissioners, residents of the county, or any of the counties in which the premises to be…

528.210. Court, or judge, may appoint new commissioners, when. — In case of the death, resignation, neglect or refusal to act, of any of the commissioners appointed by virtue of this chapter, before the duties, trust and services hereby required of them shall be completed, the co…

528.220. Compensation of commissioners. — The commissioners appointed in pursuance of this chapter shall be entitled to receive for every day they shall be employed in effecting such division such sum or compensation as may be determined and fixed by the court; and the chainmen a…

528.230. Commissioners to make affidavit and give notice to parties. — The commissioners, before proceeding to the execution of their duties, shall make affidavit, before some officer qualified to administer oaths, honestly and impartially to execute the trust reposed in them, wh…

528.240. Commissioners shall proceed, how. — The commissioners shall, as soon as may be, proceed to perform their duties, according to the judgment of the court: (1) Admeasuring and setting off the dower of any widow interested therein; and (2) To divide and set off, by proper me…

528.250. Land not susceptible of division, commissioners shall report, what. — If it shall appear to the commissioners, or a majority of them, that such assignment of dower, if any, and partition of the premises cannot be made without great prejudice to the owners, they shall mak…

528.260. Lands shall be divided, how. — In assigning dower and making partition under this chapter, the commissioners shall divide the lands and tenements, and allot the several portions and shares thereof to the respective parties, quantity and quality relatively considered by t…

528.270. May divide lands into lots, when. — Whenever in the opinion of the commissioners, in any case of partition or order of sale, it will be to the interest of the parties to divide the lands into lots, and lay out streets, avenues, lanes and alleys, they may cause the same t…

528.280. Commissioners shall make report — contents. — The commissioners shall make a full and ample report of their proceedings in writing, signed by them, or a majority of them, specifying therein the manner of executing their trust, and describing the lands divided and the sha…

528.290. Report to be proved or acknowledged — filed. — The report shall be proved or acknowledged before some officer authorized to take the proof of deeds, in the same manner that deeds are required to be proved or acknowledged, to entitle them to be recorded, and shall be file…

528.300. Report may be set aside and new commissioners appointed, when. — Upon good cause shown by any of the parties, the court may set aside the report, and appoint new commissioners as often as may be necessary, who shall proceed in like manner as heretofore directed. ­­------…

528.310. If report approved, judgment to be rendered thereon — force of judgment. — If no such cause be shown, the report shall be confirmed, and final judgment rendered thereon, which judgment shall be binding and conclusive upon all parties to the proceedings, and all persons c…

528.320. Copy of report and judgment to be recorded. — The clerk of the court shall make out a certified copy of such report and of the judgment and confirmation and cause the same to be recorded in the office of the recorder of each county in which any of the estate thus divided…

528.330. When land laid out, map shall be returned, filed and recorded. — Where the commissioners have, in pursuance of the provisions of section 528.270, laid out the land into lots, streets, lanes or alleys, and have returned a plat of the land so divided, and their report is c…

528.340. Court may order sale of lands, when. — If the commissioners so appointed shall report to the court that the lands, tenements or hereditaments, or any lot, tract or portion thereof, are so situated that an assignment of dower, if any, and partition thereof, cannot be made…

528.350. Proceedings where part of shares has been set off. — Whenever the commissioners report that they have set off a part only of the shares, according to the division ordered, and such report is confirmed, only that part of the land which is not set off to any party shall be…

528.360. Effect of confirmation of report on parties claiming adversely. — When, in any report of commissioners, setting off a parcel, the subject of the adverse claims of different parties shall be confirmed, it shall be a bar to the claims of such parties to the residue of the …

528.370. Order of sale shall specify what — shall be certified to sheriff — duty of sheriff — sale, how conducted. — The order of sale to be made in pursuance of the provisions of this chapter shall not specify the day of sale; and the clerk shall, without delay, deliver a duly c…

528.380. Order of sale shall be renewed, when. — Where any such order of sale has been made, and the sale has failed to take place by reason of the failure of the term of court, or other cause, the court, or clerk thereof in vacation, shall renew such order of sale generally, wit…

528.390. Lands may be sold in parcels, when. — If the premises consist of distinct buildings, farms, tracts or lots of land, they shall be sold separately; or when any tract of land or lot can be divided for the purpose of sale, with advantage to the parties interested, it may be…

528.400. Sheriff to collect purchase money, make deed to purchaser — proceedings if sheriff or purchaser dies. — 1. The sheriff shall take the notes and bonds for the purchase money, collect and pay over the same according to the order of the court, and make the deed to the purch…

528.410. Defective sheriff's deed to be corrected, when and how. — Whenever it shall be shown to the circuit court by motion in writing, verified by affidavit, that any sheriff has executed and delivered to the purchaser a defective deed in partition, or one which failed to corre…

528.420. Sale to be a bar against dower, when. — Every sale made by virtue of this chapter shall be a firm and effectual bar to any widow who may be a party to the proceedings, against any dower or right of dower which she might have had in and to the premises sold. ­­-------- (R…

528.430. Sheriff and sureties responsible on his bond, when. — The sheriff and his sureties shall be responsible on his official bond for his acts in all cases under this chapter, and for the notes, bonds or money collected or received by him, and he may be compelled to account f…

528.440. Outgoing sheriff to complete sale — exception. — If any sale be made by any sheriff before he goes out of office, and the business be not completed when he ceases to be sheriff, he may do all subsequent acts, collect and pay over the money, and make the deed, in the same…

528.450. Sheriff to report to court — report shall contain what. — After completing the sales, the sheriff shall report his proceedings to the court, with a description to the different parcels of the land sold, the name of the purchaser and the price bid, which report shall be f…

528.460. Proceeds of sale, how divided. — The court shall direct the payment by the sheriff of all the costs and expenses of the proceedings, together with the present value of any dower interest, to the parties entitled thereto, and the remainder to the parties in interest, thei…

528.470. Adverse claim to share, how disposed of. — In all cases of adverse claims to any one or more shares, the money arising from sales which belongs to the owner of such share or shares shall be retained by the sheriff of the county, and by him held subject to the future orde…

528.480. Party claiming proceeds of sale may proceed, how. — Any party to the proceeding in partition claiming such moneys as owner of the premises sold may file his petition in the office of the clerk of the court, setting forth the nature of his claim in all its particulars, an…

528.490. Summons may be directed to whom — how served. — Upon the filing of such petition, the clerk shall issue a summons, directed to the sheriff of each county in this state in which any defendant resides, with a copy of the petition, which shall be served as in ordinary civil…

528.500. Answer shall contain what — issue shall be tried, how. — The answer shall state the nature of the defendant's claim, in all its particulars, shall be verified by the affidavit of the defendant, or some other credible person, and may be filed in vacation; and the court sh…

528.510. Judgment by default rendered, when. — A judgment by default may be rendered against any defendant who does not appear and answer to the command of the summons or publication, and payment of the money ordered accordingly. ­­-------- (RSMo 1939 § 1759) Prior revisions: 192…

528.520. Payment of money adjudged, when. — When an answer is filed and the facts determined, the court shall proceed to adjudge and order the payment of the money to the party entitled. ­­-------- (RSMo 1939 § 1760) Prior revisions: 1929 § 1596; 1919 § 2044; 1909 § 2608