Effective - 28 Aug 1939
527.180. Suit to perfect title by limitation — proceedings. — In all cases when, under the provisions of section 516.070, the title or claim of any person out of possession of any real estate shall be barred by limitation, and the title thereto has vested in the party in possession, or the party under whom he claims, under the provisions of said section, the party holding the title which has vested by limitation under the provisions of said section may bring his action in the circuit court of the county in which the real estate is situated, to have his record title thereto perfected, and it shall be sufficient for him to state in his petition that he holds the title to such real estate, and that the same has vested in him or those under whom he claims, by limitation under the provisions of said section, and in such action it shall not be necessary to make any person a party defendant except such persons as may appear to have of record a claim or title adverse to that of plaintiff, and upon the trial of such cause, proof of the facts, showing title in plaintiff by limitation by reason of the provisions of said section, shall entitle him to a decree of the court declaring his title by limitation under the provisions of said section, and a copy of such decree may be entered of record in the office of the recorder of deeds for said county, and in any such action service of process may be had as provided in chapter 506 in causes affecting real estate, and if in any case the person whose adverse claim appears of record shall be dead, then the heirs or devisees of such person, or those claiming by, through or under him or them, if known, shall be made defendants, as adverse claimants, and if they be unknown to plaintiff, then he shall allege in his petition, under oath, that there are, or that he verily believes there are, persons interested in the subject matter of the petition as heirs or devisees of deceased, or as claiming by, through or under him or them, whose names he cannot insert therein because they are unknown to him, and shall describe the interest of such person, and how derived, so far as his knowledge extends, and service of process on such unknown person shall be had as in said chapter 506 is provided in case of unknown parties, and when such service shall be had, judgment and decree shall be rendered the same as though personal service had been had.
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(RSMo 1939 § 1687)
Prior revisions: 1929 § 1523; 1919 § 1973; 1909 § 2538
Structure Missouri Revised Statutes
Title XXXVI - Statutory Actions and Torts
Chapter 527 - Declaratory Judgments; Actions Involving Land Titles; Lis Pendens; Change of Name
Section 527.020 - Power to construe.
Section 527.030 - Before breach.
Section 527.040 - Declaration of rights or legal relationships, right to obtain, when.
Section 527.050 - Enumeration not exclusive.
Section 527.060 - Discretionary.
Section 527.080 - Supplemental relief.
Section 527.120 - Construction.
Section 527.130 - "Person" defined.
Section 527.150 - Suits to determine interest and quiet title, how instituted — effect of judgment.
Section 527.160 - Practice to conform to code of civil procedure.
Section 527.170 - Costs in suits to determine interest and quiet title.
Section 527.180 - Suit to perfect title by limitation — proceedings.
Section 527.188 - Petition for vacation of abandoned easement.
Section 527.190 - Proceedings to establish title when records, deeds are lost or destroyed.
Section 527.200 - Publication of notice — proceedings.
Section 527.210 - Decree conclusive as to whom — prima facie as to whom.
Section 527.220 - Limitation — court may modify its decree, when.
Section 527.230 - Copy to be recorded, where — may be read in evidence.
Section 527.240 - Proceedings to conform to the rules in civil practice.
Section 527.250 - Form of publication notice.
Section 527.260 - Notice of lis pendens in equity action — recording.
Section 527.270 - Petition, where presented — contents — proceedings.
Section 527.280 - Fees to be paid by petitioner.
Section 527.290 - Notice of change to be given, when and how — not required, when.