527.220. Limitation--court may modify its decree, when. - Missouri Statutes

Limitation--court may modify its decree, when.

527.220. Any person claiming any estate or interest in suchlands adverse to the terms of the decree, who has not beenpersonally served with notice, as is provided in section 527.200,or who has not entered his appearance in the cause and answeredthe petition, as provided in section 527.210, may enter hisappearance in the cause at any time within two years after theentry of the decree, and, on his motion, after giving twentydays' notice to the petitioner or petitioners, or any personclaiming by, through or under him, her or them, such proceedingsshall be opened for the purpose of hearing, upon proof dulytaken, any claim of title or interest to or in the lands whichmay be produced by the person making such motion; and on hearingsuch motion, and evidence and proof thereupon submitted, thecourt shall adjudge the ownership and title of the landsaccording to the evidence adduced, modifying its former decree asthe evidence and nature of the case shall in justice and equityrequire; and if no motion to open such proceedings shall be madewithin two years from the entering of such decree, the same shallbe conclusive against all persons claiming an estate or interestin the lands adverse to the rights of its petitioner, as definedin the decree, except infants and mentally incapacitated persons,who shall be allowed respectively two years after theirdisability is removed to appear and enter their motion foropening of their proceedings, and make answer to such petition orpetitions.

(RSMo 1939 § 1692, A. 1949 H.B. 2129, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 § 1528; 1919 § 1978; 1909 § 2542