Title XXXVI — STATUTORY ACTIONS AND TORTS

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

528.530. Courts to allow attorney's fee and compensation for guardian ad litem. — The judge of the court in which any suit under this chapter may be brought shall allow a reasonable fee to the attorney or attorneys bringing the suit, and may in like manner make a reasonable allow…

528.540. Majority of commissioners may act. — A majority of the commissioners, in all cases, shall have power to act; and all sales made under the foregoing provisions shall be made by the sheriff of the county in which such lands, tenements or hereditaments, or any portion of th…

528.550. Order of sale may be had without the appointment of commissioners, when — special commissioner, duty and power of. — If, in any case, from the nature and amount of the property sought to be divided, and the number of the owners it shall be apparent to the court that the …

528.560. Court to order sale of lots, when. — In every case where the commissioners may divide any tract of land into lots, and lay out avenues, streets, lanes or alleys, as provided by section 528.270, the court may order the sale of such lots, if, in its opinion, the sale of th…

528.570. Special commissioner to execute and file bond with clerk. — Every special commissioner, appointed under the provisions of this chapter before entering upon the discharge of the duties of his office, shall file with the clerk of the court in which the suit for partition i…

528.580. Special commissioner to perform same duties as sheriff. — Every special commissioner appointed under the provisions of this chapter shall perform the same duties, and with like effect, as are enjoined by this chapter upon sheriffs; and in the performance of said duties h…

528.590. Sales, when and where made. — All sales of real estate by such commissioner, or any sheriff, shall be at the courthouse door, and in term time of the circuit court or county commission, as may be directed by the order of the court; provided, that in all cities in this st…

528.600. Note to be taken for deferred sums — form of — shall express what — bidder with interest in property. — 1. The sheriff or commissioner making a sale under the provisions of this chapter shall not take any negotiable notes in payment of deferred sums, but such notes shall…

528.610. Compensation of sheriff. — As a compensation for his services in making a sale of real estate under the provisions of this chapter by order of court for the purpose of partition, the sheriff shall receive a commission on the amount of sales not exceeding two percent on t…

528.620. Partition of personal property — proceedings in. — Any one or more of two or more joint owners of personal property may file a petition in the circuit court for a partition or a sale and partition of the proceeds thereof, in the same manner as suits may be instituted for…

528.630. Sale, how conducted. — Orders of sale, under judgments rendered by virtue of the provisions of sections 528.620 to 528.640, shall be executed in like manner as sales of personal property under execution, and the officer to whom such orders are directed shall have the sam…

528.640. Suits to be tried, when. — All suits brought under the provisions of sections 528.620 and 528.630 shall be tried at the return term of the court, unless continued for cause. ­­-------- (RSMo 1939 § 1772) Prior revisions: 1929 § 1608; 1919 § 2056; 1909 § 2621

528.700. Citation of law — definitions. — 1. The provisions of sections 528.700 to 528.750 shall be known and may be cited as the "Save the Family Farm Act". 2. For purposes of sections 528.700 to 528.750, the following terms and phrases shall mean: (1) "Ascendant", an individual…

528.705. Applicability to partition actions. — 1. Sections 528.700 to 528.750 shall apply to partition actions filed on or after August 28, 2019. 2. In an action to partition real property under this chapter, the court shall determine whether the property is heirs' property. If t…

528.710. Complaint, act not to limit method of service — posting of sign on property, when. — 1. Sections 528.700 to 528.750 shall not limit or affect the method by which service of a complaint in a partition action may be made. 2. If the plaintiff in a partition action seeks an …

[Repealed or reserved.]

528.720. Heir's property, procedure. — 1. Except as otherwise provided in subsections 2 and 3 of this section, if the court determines that the property that is the subject of a partition action is heirs' property, the court shall determine the fair market value of the property b…

528.725. Cotenants, notice requirements, procedure. — 1. If any cotenant has requested partition by sale after the determination of value under section 528.720, the court shall send notice to the parties that any cotenant, except a cotenant that requested partition by sale, may b…

528.730. Interests not purchased by cotenants, options. — 1. If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants under section 528.725, or, if after conclusion of the buyout under section 528.725, a cotenant that has request…

528.735. Partition in-kind, prejudice to cotenants as a group, remedy. — 1. In determining, under subsection 1 of section 528.730, whether partition in kind would result in great prejudice to the cotenants as a group, the court shall consider the following: (1) Whether the heirs'…

528.740. Sale of heir's property, requirements. — 1. If the court orders a sale of heirs' property, the sale shall be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotena…

528.745. Broker to file report, when, contents. — 1. Unless required to do so within a shorter time by supreme court rule 96, a broker appointed under subsection 2 of section 528.740 to offer heirs' property for open-market sale shall file a report with the court no later than se…

528.750. Construction of act, promotion of uniformity of law to be considered. — In applying and construing sections 528.700 to 528.750, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact such subst…

529.010. Return made to first writ. — Where any writ of mandamus shall be issued out of any court in this state, or by any judge thereof in vacation, directed and delivered to any person who, by law, is required to make return of such writ, such person shall make his return to th…

529.020. Person suing out writ to plead to return. — When any writ of mandamus shall be issued, and return shall be made thereto, the person suing out or prosecuting such writ shall plead to or traverse all or any of the material facts contained in such return. ­­-------- (RSMo 1…

529.030. Persons making returns shall reply. — The persons making such return shall reply, take issue or direct a motion to the pleading of the party suing out or prosecuting such writ. ­­-------- (RSMo 1939 § 1698, A. 1949 H.B. 2130) Prior revisions: 1929 § 1534; 1919 § 1984; 19…

529.040. Proceedings therein. — Such further proceedings shall be had therein for the determination thereof, and in such manner as might be had if the person suing out such writ had brought his civil action for false return. ­­-------- (RSMo 1939 § 1699) Prior revisions: 1929 § 1…

529.050. Issues to be tried, in what court. — If any issue shall be joined upon such proceedings, the person suing out such writ shall try the same in the court from which such writ of mandamus issued. ­­-------- (RSMo 1939 § 1700) Prior revisions: 1929 § 1536; 1919 § 1986; 1909 …

529.060. Damages recovered. — In case a verdict shall be found for the person suing out such writ, or judgment be given for him on motion to dismiss, or by nihil dicit, or for want of a replication or other pleading, he shall recover his damages and costs, in such manner as he mi…

529.070. Peremptory writ to issue. — A peremptory writ of mandamus shall be granted, without delay, for him for whom judgment shall be given, as might have been if such return had been adjudged insufficient. ­­-------- (RSMo 1939 § 1702) Prior revisions: 1929 § 1538; 1919 § 1988;…

529.080. Costs, how adjudged. — In case judgment shall be given for the person making the return to the writ, he shall recover his costs of suit, to be levied by execution as in other cases. ­­-------- (RSMo 1939 § 1703) Prior revisions: 1929 § 1539; 1919 § 1989; 1909 § 2553

529.090. Recovery a bar to further suit. — If any damages shall be recovered, by virtue of this chapter, against any person making return to such writ, he shall not be liable to be sued in any other action or suit for making such return. ­­-------- (RSMo 1939 § 1704) Prior revisi…

529.100. Time allowed for making return and pleadings. — The court issuing any writ of mandamus may allow the person to whom such writ shall be directed, or other person who shall sue out or prosecute the same, such convenient time, respectively, to make return, plead, answer, re…

530.010. Writ issued for what purposes. — The remedy afforded by the writ of prohibition shall be granted to prevent usurpation of judicial power, and in all cases where the same is now applicable according to the principles of law. ­­-------- (RSMo 1939 § 1773) Prior revisions: …

530.020. What courts and judges may grant writ. — The supreme court, and each division thereof, the court of appeals and the circuit courts, within their several jurisdictions, and also the judges of the supreme court and court of appeals and circuit judges to the extent herein p…

530.030. Form of action — parties. — The proceedings for this remedy shall be by a civil action, in which the moving party is plaintiff and the adverse party defendant, and shall otherwise conform, as nearly as practicable, to the code of civil practice, except as otherwise speci…

530.040. Petition — preliminary writ — proceedings. — 1. Applications for the remedy of prohibition shall not be joined with any other or different cause of action, and shall be made by petition, in which the substantive facts relied upon shall be stated and such petition shall b…

530.050. Pleadings. — The defendant may direct a motion to the petition or make return to the preliminary order, and when the return is made the plaintiff may plead thereto, if desired, by way of reply, within such time as the court may direct. ­­-------- (RSMo 1939 § 1777, A. 19…

530.060. Cause to be heard, when — issues of fact, how triable. — The cause shall be heard as soon as practicable after the issues are joined, and shall be triable in the same manner as other civil cases, except that in any of the appellate courts the latter may direct any specif…

530.070. Judgment, for what rendered — how enforced. — Upon a hearing, the court in term may render final judgment on the merits and for the costs, as the facts may warrant, and may award and enforce full relief, conformable to the principles of law heretofore governing the remed…

530.080. Motion for new trial — appeal. — Any final judgment in prohibition shall be reviewable by a motion for a new trial, and by appeal, as in other civil actions; but in the case of an appeal from the judgment of any circuit court imposing a prohibition, the appeal shall not …

530.090. Further proceedings governed by what law. — In all particulars not provided for in the foregoing sections of this chapter, proceedings in prohibition shall be governed and continued in accordance with the existing rules of general law upon the subject, and the courts emp…

531.010. Exhibition of information, when — by whom. — In case any person shall usurp, intrude into or unlawfully hold or execute any office or franchise, the attorney general of the state, or any circuit or prosecuting attorney of the county in which the action is commenced, shal…

531.020. Proceedings in, how governed. — The relator shall be named as such, in the information against such person usurping, intruding into or unlawfully holding or executing any such office or franchise, and shall proceed thereon in such manner as is usual in cases of informati…