Effective - 28 Aug 1939
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 had happened or occurred at or immediately prior to the commencement of such suit, shall be made parties plaintiff or defendant therein; and no such person not party thereof shall be bound thereby; but the rule of representation of persons not in being by the person or persons of the same class in estate or related in estate in respect to the lands shall apply and all persons not in being shall be bound in such cases by such rule and as to and against all such persons both those in being and those not in being such sale shall carry full title to said lands.
2. In any case provided in this chapter to be brought if the petition shall allege or it shall appear to the court at any time pending the suit that an interest or estate in the land constituting the subject matter of the suit might vest in a person or persons not in being and who may not be so representable by persons in being of the same class or related in estate, then the court shall appoint some disinterested attorney, member of its bar, to represent and protect as a friend of the court the interests of such possible persons, and all such shall be bound by the result of the suit.
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(RSMo 1939 § 1711)
Prior revision: 1929 § 1547
Structure Missouri Revised Statutes
Title XXXVI - Statutory Actions and Torts
Section 528.010 - Equity suit — who may bring.
Section 528.020 - Parties to suit.
Section 528.030 - Partition, suit for, by whom brought, how determined.
Section 528.040 - Suit, where brought.
Section 528.050 - Petition shall set forth what facts.
Section 528.060 - Who shall be made parties.
Section 528.070 - When name or interest of a party is unknown, what necessary.
Section 528.080 - Those having an interest may appear and be made parties.
Section 528.090 - Proceedings, how governed.
Section 528.100 - Conservators may act for disabled persons.
Section 528.130 - Partition not to be made contrary to will.
Section 528.140 - Partitioned lands subject to debts of estate.
Section 528.150 - Judgment by default shall be rendered, when — proof of title to be exhibited.
Section 528.160 - Rights of parties to be determined, how — judgment to be rendered.
Section 528.170 - Several shares may be set off together.
Section 528.180 - Parcels, set off to the parties, to be held and enjoyed by them, how.
Section 528.190 - When parties claim adversely, court shall proceed, how.
Section 528.200 - Court shall appoint commissioners, when.
Section 528.210 - Court, or judge, may appoint new commissioners, when.
Section 528.220 - Compensation of commissioners.
Section 528.230 - Commissioners to make affidavit and give notice to parties.
Section 528.240 - Commissioners shall proceed, how.
Section 528.250 - Land not susceptible of division, commissioners shall report, what.
Section 528.260 - Lands shall be divided, how.
Section 528.270 - May divide lands into lots, when.
Section 528.280 - Commissioners shall make report — contents.
Section 528.290 - Report to be proved or acknowledged — filed.
Section 528.300 - Report may be set aside and new commissioners appointed, when.
Section 528.310 - If report approved, judgment to be rendered thereon — force of judgment.
Section 528.320 - Copy of report and judgment to be recorded.
Section 528.330 - When land laid out, map shall be returned, filed and recorded.
Section 528.340 - Court may order sale of lands, when.
Section 528.350 - Proceedings where part of shares has been set off.
Section 528.360 - Effect of confirmation of report on parties claiming adversely.
Section 528.380 - Order of sale shall be renewed, when.
Section 528.390 - Lands may be sold in parcels, when.
Section 528.410 - Defective sheriff's deed to be corrected, when and how.
Section 528.420 - Sale to be a bar against dower, when.
Section 528.430 - Sheriff and sureties responsible on his bond, when.
Section 528.440 - Outgoing sheriff to complete sale — exception.
Section 528.450 - Sheriff to report to court — report shall contain what.
Section 528.460 - Proceeds of sale, how divided.
Section 528.470 - Adverse claim to share, how disposed of.
Section 528.480 - Party claiming proceeds of sale may proceed, how.
Section 528.490 - Summons may be directed to whom — how served.
Section 528.500 - Answer shall contain what — issue shall be tried, how.
Section 528.510 - Judgment by default rendered, when.
Section 528.520 - Payment of money adjudged, when.
Section 528.530 - Courts to allow attorney's fee and compensation for guardian ad litem.
Section 528.540 - Majority of commissioners may act.
Section 528.560 - Court to order sale of lots, when.
Section 528.570 - Special commissioner to execute and file bond with clerk.
Section 528.580 - Special commissioner to perform same duties as sheriff.
Section 528.590 - Sales, when and where made.
Section 528.610 - Compensation of sheriff.
Section 528.620 - Partition of personal property — proceedings in.
Section 528.630 - Sale, how conducted.
Section 528.640 - Suits to be tried, when.
Section 528.700 - Citation of law — definitions.
Section 528.705 - Applicability to partition actions.
Section 528.710 - Complaint, act not to limit method of service — posting of sign on property, when.
Section 528.720 - Heir's property, procedure.
Section 528.725 - Cotenants, notice requirements, procedure.
Section 528.730 - Interests not purchased by cotenants, options.
Section 528.735 - Partition in-kind, prejudice to cotenants as a group, remedy.
Section 528.740 - Sale of heir's property, requirements.
Section 528.745 - Broker to file report, when, contents.
Section 528.750 - Construction of act, promotion of uniformity of law to be considered.