524.110. What plaintiff may recover, if successful. - Missouri Statutes

What plaintiff may recover, if successful.

524.110. If the plaintiff prevail in the action, he shallrecover damages for all waste and injury, and, by way of damages,the rents and profits, down to the time of assessing the same, orto the time of the expiration of the plaintiff's title, under thefollowing limitations:

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

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

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

(RSMo 1939 § 1541)

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