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Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 524

previous next Effective - 28 Aug 1939bottom

  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 plaintiff's title, under the following limitations:

  (1)  When it shall not be shown on the trial that the defendant had knowledge of the plaintiff's claim prior to the commencement of the action, such recovery shall be only from the time of the commencement of the action;

  (2)  When it shall be shown on the trial that the defendant had knowledge of the plaintiff's claim prior to the commencement of the action, and that such knowledge came to the defendant within five years next preceding the commencement of the action, such recovery shall be from the time that such knowledge came to the defendant;

  (3)  When it shall be shown on the trial that knowledge of the plaintiff's claim came to the defendant more than five years prior to the commencement of the action, such recovery shall only be for the term of five years next preceding the commencement of the action.

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(RSMo 1939 § 1541)

Prior revisions: 1929 § 1377; 1919 § 1827; 1909 § 2394


---- end of effective   28 Aug 1939 ----

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