528.040. Suit, where brought. - Missouri Statutes

Suit, where brought.

528.040. Such petition shall be filed in the circuit courtof the county in which such lands, tenements or hereditamentslie; but if the same shall lie in two or more counties, whetherin detached parcels or otherwise, said petition shall be filed inthe circuit court of the county in which any portion of suchpremises is situate, and a majority of the parties entitledthereto reside; and in case a majority of said parties do notreside in any such county, or all of them are nonresidents of thestate, the proceedings for partition shall be had in the circuitcourt of that county in which an equal or greater part of suchpremises may be.

(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.