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Missouri Revised Statutes

Mo. Rev. Stat. § 524.010 (2026)

Ejectment maintained generally, when

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  524.010.  Ejectment maintained generally, when. — An action for the recovery of the possession of premises may be maintained in all cases where the plaintiff is legally entitled to the possession thereof.

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(RSMo 1939 § 1529)

Prior revisions: 1929 § 1365; 1919 § 1815; 1909 § 2382

(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.

Notes of Decisions
Cited in 17 cases (2 in the last 5 years), 1956–2025 · leading case: Robin Farms, Inc. v. Bartholome, 989 S.W.2d 238 (Mo. Ct. App. 1999).
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Robin Farms, Inc. v. Bartholome, 989 S.W.2d 238 (Mo. Ct. App. 1999). · cites it 3× “§§ 524.010, 5 524.080; 6 Jansen v. Pobst, 922 S.”
Rychnovsky v. Cole, 119 S.W.3d 204 (Mo. Ct. App. 2003). · cites it 2× “Ejectment is a possessory action for recovery of property as authorized by Section 524.010, et seq. To make a claim for ejectment, the plaintiff must show the defendant was in possession of premises to which plaintiff had a right of possession.”
Gilbert v. K.T.I., Inc., 765 S.W.2d 289 (Mo. Ct. App. 1988). · cites it 2× “§ 524.010, RSMo 1986. Ejectment does not depend on title for relief; the criterion is the right to possession.”
MacIos v. Hensley, 886 S.W.2d 749 (Mo. Ct. App. 1994). · cites it 3× “1989) [13]; Section 524.010 RSMo 1986. It is also required that the party seeking ejectment establish the party sought to be ejected was in possession of the premises at the time of the commencement of the ejectment action.”
State ex rel. Janus v. Ferriss, 344 S.W.2d 656 (Mo. Ct. App. 1961). · cites it 6× “Section 524.010 RSMo 1959, 35 V.A.M.S., authorizes an action for the recovery of the possession of premises in all cases where plaintiffs are entitled to the possession thereof.”
Nutting v. Reis, 326 S.W.3d 127 (Mo. Ct. App. 2010). · cites it 2× “” Section 524.010 (RSMo 2000). The trial court’s finding that Respondent acquired title to the land by adverse possession disposes of Appellant’s claim for ejectment since Appellant was no longer legally entitled to possession of the disputed tract.”
Atkinson v. Smothers, 291 S.W.2d 645 (Mo. Ct. App. 1956). · cites it 3× “By the plain terms of our ejectment statute, Section 524.010 RSMo 1949, V.A.M.S., an action for recovery of possession of premises may be maintained in all cases where plaintiff is legally entitled to possession.”
Beelman River Terminals, Inc. v. Mercantile Bank, N.A., 880 S.W.2d 903 (Mo. Ct. App. 1994). · cites it 2× “§ 524.010, RSMo 1986. The right to possession of a property interest is a fundamental element in an ejectment claim.”
Hrovat v. Bingham, 341 S.W.2d 365 (Mo. Ct. App. 1960). · cites it 2× “Section 524.010 and Section 524.080 ESMo 1949, Y.”
Heuer v. City of Cape Girardeau, 370 S.W.3d 903 (Mo. Ct. App. 2012). · cites it 3× “Section 524.010, RSMo. (2010); Thomas v. Hunt, 134 Mo.”
Moschale v. Mock, 591 S.W.2d 415 (Mo. Ct. App. 1979). “010 does allow the recovery of damages for injuries sustained by wandering livestock, the injury suffered here by plaintiffs is not easily repairable by money damages. The injury sustained here is in the nature of a continuing trespass.”
Smith v. Seamster, 36 S.W.3d 18 (Mo. Ct. App. 2000). · cites it 2× “See also § 524.010, RSMo. 1994. Therefore, the Seamsters made a claim for ejectment.”
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