Mo. Rev. Stat. » Chapter 524
Missouri Revised Statutes

Mo. Rev. Stat. § 524.080 (2026)

What plaintiff must show to recover

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  524.080.  What plaintiff must show to recover. — To entitle the plaintiff to recover, it shall be sufficient for him to show that, at the time of the commencement of the action, the defendant was in possession of the premises claimed, and that the plaintiff had such right to the possession thereof as is declared by this chapter to be sufficient to maintain the action.

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(RSMo 1939 § 1536)

Prior revisions: 1929 § 1372; 1919 § 1822; 1909 § 2389

Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 1960–2025 · leading case: Farm Props. Holdings, L.L.C. v. Lower Grassy Creek Cemetery, Inc., 208 S.W.3d 922 (Mo. Ct. App. 2006).
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Farm Props. Holdings, L.L.C. v. Lower Grassy Creek Cemetery, Inc., 208 S.W.3d 922 (Mo. Ct. App. 2006). · cites it 7× “2005); see also § 524.080. 6 In the present matter, it is undisputed that Appellant owned the land upon which the road in question was located.”
Robin Farms, Inc. v. Bartholome, 989 S.W.2d 238 (Mo. Ct. App. 1999). · cites it 2× “Section 524.080 provides as follows: To entitle the plaintiff to recover, it shall be sufficient for him to show that, at the time of the commencement of the action, the defendant was in possession of the premises claimed, and that the plaintiff had such right to the possession…”
Fletcher v. Conoco Pipe Line Co., 129 F. Supp. 2d 1255 (W.D. Mo. 2001). · cites it 2× “Counts XVIII & XXI — Ejectment Defendant argues that Plaintiffs cannot state a claim for ejectment because Defendant is not “in possession” of Plaintiffs’ properties as required under Missouri law.”
City Bank & Trust Co. of Moberly v. Thomas, 735 S.W.2d 121 (Mo. Ct. App. 1987). · cites it 2× “Since ejectment is grounded in a party’s immediate right to possession of the land, § 524.080, RSMo 1986, and since lessee had no rights in the land as of the date of the foreclosure, lessee’s action in ejectment could not be maintained.”
Hrovat v. Bingham, 341 S.W.2d 365 (Mo. Ct. App. 1960). · cites it 2× “010 and Section 524.080 ESMo 1949, Y.A.M.S.; Towers v.”
Hearod v. Baggs, 169 S.W.3d 198 (Mo. Ct. App. 2005). “1996); § 524.080. 5 A prima facie case for ejectment can be established — via admissions in the pleadings, interrogatories, an affidavit or other competent evidence — by showing: (1) proof of title in the plaintiff; and (2) defendant’s retention of possession of said property…”
McCain v. Washington, 990 S.W.2d 685 (Mo. Ct. App. 1999). · cites it 3× “” Section 524.080, RSMo (1994). Section 524.”
Griggs v. Miller, 374 S.W.2d 119 (Mo. 1964). · cites it 2× “06 (§ 524.080), V.A.M.R. Plaintiff's petition conforms to said Rule 89.”
Jansen v. Pobst, 922 S.W.2d 43 (Mo. Ct. App. 1996). “§ 524.080. See Gal v. Bishop, 674 S.W.2d 680, 682-83 (Mo.”
Allen v. Welch, 770 S.W.2d 521 (Mo. Ct. App. 1989). · cites it 3× “Section 524.080, RSMo (1986) provides that in order for plaintiff to recover in ejectment, plaintiff must show that, “at the time of the commencement of the action, the defendant was in possession of the premises claimed, and that the plaintiff had such right to the possession…”
Baur v. Chevron Chem. Co., 631 F. Supp. 1491 (E.D. Mo. 1986). “" § 524.080 R.S.Mo. (1949). The Court finds that plaintiff is the fee owner of the property and is therefore entitled to sole and exclusive possession, subject to defendant's easement.”
Racket Merch. Co. v. 718 Grand, LLC, U.S. Prop., Inc., 713 S.W.3d 672 (Mo. Ct. App. 2025). · cites it 3× “§ 524.080; 3 Copper v. Ringen, 671 S.W.3d 409 , 418 (Mo.”
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