527.150. Suits to determine interest and quiet title, how instituted--effect of judgment.
Suits to determine interest and quiet title, how instituted--effect ofjudgment.
527.150. 1. Any person claiming any title, estate orinterest in real property, whether the same be legal orequitable, certain or contingent, present or in reversion, orremainder, whether in possession or not, may institute an actionagainst any person or persons having or claiming to have anytitle, estate or interest in such property, whether in possessionor not, to ascertain and determine the estate, title and interestof said parties, respectively, in such real estate, and to defineand adjudge by its judgment or decree the title, estate andinterest of the parties severally in and to such real property.
2. And upon the trial of such cause, if same be asked for inthe pleadings of either party, the court may hear and finallydetermine any and all rights, claims, interest, liens anddemands, whatsoever of the parties, or of any one of them,concerning or affecting said real property, and may award fulland complete relief, whether legal or equitable, to the severalparties, and to each of them, as fully and with the same forceand effect as the court might or could in any other or differentaction brought by the parties, or any one of them, to enforce anysuch right, claim, interest, lien or demand, and the judgment ordecree of the court when so rendered shall be as effectualbetween the parties thereto as if rendered in any other,different or separate action prosecuted therefor.
(RSMo 1939 § 1684)Prior revisions: 1929 § 1520; 1919 § 1970; 1909 § 2535
(1971) Where neither the plaintiffs nor defendants were claiming title to any lands of which the other had title and only issue was the location on the ground of the boundary line between the two tracts, ejectment was the proper remedy and it was error to decree title in plaintiff. Carroz v. Kaminiski (Mo.), 467 S.W.2d 871.