Rights of parties to be determined, how--judgment to be rendered.

528.160. The court shall ascertain from the evidence, incase of a default, or from the confession of the parties, if theyappear, or from the verdict by which any issue of fact shall bedetermined, and shall declare the rights, titles and interests ofthe parties to such proceedings, petitioners as well asdefendants, and determine such rights, and give judgment thatpartition be made between such of them as shall have any righttherein accordingly.

(RSMo 1939 ยง 1724)

Prior revisions: 1929 ยง 1560; 1919 ยง 2008; 1909 ยง 2572

(1974) Counsel for plaintiff acts for all parties and his fees are to be paid by both plaintiffs and defendants in proportion to their interest. All persons having an interest must be made parties. Billinger v. Jost (A.), 510 S.W.2d 57.