☰ Revisor of Missouri


Chapter 527

< > Effective - 28 Aug 1939    bottom

  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.


(RSMo 1939 § 1687)

Prior revisions: 1929 § 1523; 1919 § 1973; 1909 § 2538

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

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