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

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Effective - 28 Aug 1939

528.160. Rights of parties to be determined, how — judgment to be rendered. — The court shall ascertain from the evidence, in case of a default, or from the confession of the parties, if they appear, or from the verdict by which any issue of fact shall be determined, and shall declare the rights, titles and interests of the parties to such proceedings, petitioners as well as defendants, and determine such rights, and give judgment that partition be made between such of them as shall have any right therein accordingly.

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(RSMo 1939 § 1724)

Prior revisions: 1929 § 1560; 1919 § 2008; 1909 § 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.


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