527.180. Suit to perfect title by limitation--proceedings. - Missouri Statutes

Suit to perfect title by limitation--proceedings.

527.180. In all cases when, under the provisions of section516.070, RSMo, the title or claim of any person out of possessionof any real estate shall be barred by limitation, and the titlethereto has vested in the party in possession, or the party underwhom he claims, under the provisions of said section, the partyholding the title which has vested by limitation under theprovisions of said section may bring his action in the circuitcourt of the county in which the real estate is situated, to havehis record title thereto perfected, and it shall be sufficientfor him to state in his petition that he holds the title to suchreal estate, and that the same has vested in him or those underwhom he claims, by limitation under the provisions of saidsection, and in such action it shall not be necessary to make anyperson a party defendant except such persons as may appear tohave of record a claim or title adverse to that of plaintiff, andupon the trial of such cause, proof of the facts, showing titlein plaintiff by limitation by reason of the provisions of saidsection, shall entitle him to a decree of the court declaring histitle by limitation under the provisions of said section, and acopy of such decree may be entered of record in the office of therecorder of deeds for said county, and in any such action serviceof process may be had as provided in chapter 506, RSMo, in causesaffecting real estate, and if in any case the person whoseadverse claim appears of record shall be dead, then the heirs ordevisees of such person, or those claiming by, through or underhim or them, if known, shall be made defendants, as adverseclaimants, and if they be unknown to plaintiff, then he shallallege in his petition, under oath, that there are, or that heverily believes there are, persons interested in the subjectmatter of the petition as heirs or devisees of deceased, or asclaiming by, through or under him or them, whose names he cannotinsert therein because they are unknown to him, and shalldescribe the interest of such person, and how derived, so far ashis knowledge extends, and service of process on such unknownperson shall be had as in said chapter 506, RSMo, is provided incase of unknown parties, and when such service shall be had,judgment and decree shall be rendered the same as though personalservice had been had.

(RSMo 1939 § 1687)

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