State Codes and Statutes

Statutes > Missouri > T27 > C429 > 429_280

Parties to equitable action.

429.280. 1. All persons claiming any lien or encumbranceupon, and all persons having any rights in or against and allowners and lessees of said property to be affected and any of it,all as may be disclosed by the proper public records, shall bemade parties to said action and parties whose interests aredivers may join as plaintiffs therein, but if they do not join asplaintiffs, then they shall be made defendants.

2. Any person, lien claimant or other having any rights in,to, against or upon said property and any of it whose rights arenot disclosed at the time of bringing said action by the properrecord, shall be bound by the proceedings, orders and judgmentsin said actions, but any such person shall be entitled uponapplication to the court to be made a party to said action at anytime before final disposition by the final judgment of the courttherein of the proceeds of said property and shall be entitledaccording to their respective rights to participate in theproceeds of the sale of such property and any of it, as the samemay be thereafter received or then remain under the jurisdictionof the court.

3. If at the commencement of said action any person whoserights are disclosed by the record is omitted as a party, he maythereafter be made party to said action either upon his ownapplication or upon the application of any other party to saidaction or by the court of its own motion.

4. If any party to said action shall die or cease to existduring the pendency of said action before the judgment or orderof sale therein of said property, then the properrepresentatives, either administrator or other proper successorin right, shall be substituted by order of the court upon motionand notice of motion without formal revivor of said action.

(RSMo 1939 § 3571)

Prior revisions: 1929 § 3181; 1919 § 7241

State Codes and Statutes

Statutes > Missouri > T27 > C429 > 429_280

Parties to equitable action.

429.280. 1. All persons claiming any lien or encumbranceupon, and all persons having any rights in or against and allowners and lessees of said property to be affected and any of it,all as may be disclosed by the proper public records, shall bemade parties to said action and parties whose interests aredivers may join as plaintiffs therein, but if they do not join asplaintiffs, then they shall be made defendants.

2. Any person, lien claimant or other having any rights in,to, against or upon said property and any of it whose rights arenot disclosed at the time of bringing said action by the properrecord, shall be bound by the proceedings, orders and judgmentsin said actions, but any such person shall be entitled uponapplication to the court to be made a party to said action at anytime before final disposition by the final judgment of the courttherein of the proceeds of said property and shall be entitledaccording to their respective rights to participate in theproceeds of the sale of such property and any of it, as the samemay be thereafter received or then remain under the jurisdictionof the court.

3. If at the commencement of said action any person whoserights are disclosed by the record is omitted as a party, he maythereafter be made party to said action either upon his ownapplication or upon the application of any other party to saidaction or by the court of its own motion.

4. If any party to said action shall die or cease to existduring the pendency of said action before the judgment or orderof sale therein of said property, then the properrepresentatives, either administrator or other proper successorin right, shall be substituted by order of the court upon motionand notice of motion without formal revivor of said action.

(RSMo 1939 § 3571)

Prior revisions: 1929 § 3181; 1919 § 7241


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T27 > C429 > 429_280

Parties to equitable action.

429.280. 1. All persons claiming any lien or encumbranceupon, and all persons having any rights in or against and allowners and lessees of said property to be affected and any of it,all as may be disclosed by the proper public records, shall bemade parties to said action and parties whose interests aredivers may join as plaintiffs therein, but if they do not join asplaintiffs, then they shall be made defendants.

2. Any person, lien claimant or other having any rights in,to, against or upon said property and any of it whose rights arenot disclosed at the time of bringing said action by the properrecord, shall be bound by the proceedings, orders and judgmentsin said actions, but any such person shall be entitled uponapplication to the court to be made a party to said action at anytime before final disposition by the final judgment of the courttherein of the proceeds of said property and shall be entitledaccording to their respective rights to participate in theproceeds of the sale of such property and any of it, as the samemay be thereafter received or then remain under the jurisdictionof the court.

3. If at the commencement of said action any person whoserights are disclosed by the record is omitted as a party, he maythereafter be made party to said action either upon his ownapplication or upon the application of any other party to saidaction or by the court of its own motion.

4. If any party to said action shall die or cease to existduring the pendency of said action before the judgment or orderof sale therein of said property, then the properrepresentatives, either administrator or other proper successorin right, shall be substituted by order of the court upon motionand notice of motion without formal revivor of said action.

(RSMo 1939 § 3571)

Prior revisions: 1929 § 3181; 1919 § 7241