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Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 528

previous next Effective - 28 Aug 1939bottom

  528.040.  Suit, where brought. — Such petition shall be filed in the circuit court of the county in which such lands, tenements or hereditaments lie; but if the same shall lie in two or more counties, whether in detached parcels or otherwise, said petition shall be filed in the circuit court of the county in which any portion of such premises is situate, and a majority of the parties entitled thereto reside; and in case a majority of said parties do not reside in any such county, or all of them are nonresidents of the state, the proceedings for partition shall be had in the circuit court of that county in which an equal or greater part of such premises may be.

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(RSMo 1939 § 1712)

Prior revisions: 1929 § 1548; 1919 § 1996; 1909 § 2560

(1964) This provision does not authorize joinder of separate and distinct partition actions in one petition where all land involved in one action is located in one county and all land involved in the separate action is located in a different county and where the parties affected by the two partitions do not claim under the same document or documents in both actions and all the parties to the two actions are not the same.  Buschmeyer v. Eikermann (Mo.), 378 S.W.2d 468.


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

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