524.110. What plaintiff may recover, if successful. — If the plaintiff prevail in the action, he shall recover damages for all waste and injury, and, by way of damages, the rents and profits, down to the time of assessing the same, or to the time of the expiration of the plaintiff's title, under the following limitations:
(1) When it shall not be shown on the trial that the defendant had knowledge of the plaintiff's claim prior to the commencement of the action, such recovery shall be only from the time of the commencement of the action;
(2) When it shall be shown on the trial that the defendant had knowledge of the plaintiff's claim prior to the commencement of the action, and that such knowledge came to the defendant within five years next preceding the commencement of the action, such recovery shall be from the time that such knowledge came to the defendant;
(3) When it shall be shown on the trial that knowledge of the plaintiff's claim came to the defendant more than five years prior to the commencement of the action, such recovery shall only be for the term of five years next preceding the commencement of the action.
Notes of Decisions
Cited in
19
cases (
1 in the last 5 years), 1956–2025 · leading case:
Cedarbridge, LLC v. Eason, 293 S.W.3d 462 (Mo. Ct. App. 2009).
Cedarbridge, LLC v. Eason, 293 S.W.3d 462 (Mo. Ct. App. 2009).
· cites it 7× “Section 524.110 RSMo 2000. Reasonable rental value is an appropriate measure of damages so long as the figure is supported by substantial evidence.”
Black v. Simpson, 4 S.W.3d 175 (Mo. Ct. App. 1999).
· cites it 10× “8 Appellant cites § 524.110, RSMo 1994, set forth below. 9 The only relief the trial court granted Appellant (besides declaring her owner of the part of The Disputed Strip lying outside The Awarded Strip and owner of the other land described in Exhibit 1 outside The Disputed…”
Elton v. Davis, 123 S.W.3d 205 (Mo. Ct. App. 2003).
· cites it 2× “Section 524.110 provides that damages can include those for waste, injury, rents, and profits, subject to certain limitations on the length of time the damages can accrue.”
Cmty. Bank of Raymore v. Patterson Oil Co., Inc., 463 S.W.3d 381 (Mo. Ct. App. 2015).
· cites it 4× “05 [2012 Revision], the damages instruction in an ejectment action under section 524.110. Under MAI 27.05, an award of damages is conditioned upon a finding by the jury “in favor of plaintiff.”
Atkinson v. Smothers, 291 S.W.2d 645 (Mo. Ct. App. 1956).
· cites it 6× “ectment action, he may recover, (iamages for all waste and injury, and, by way of damages, the rent and profits to the time of assessing same under the limitations imposed by the statute authorizing such recovery.”
Hill v. Farm Credit Bank of St. Louis, 726 F. Supp. 1201 (E.D. Mo. 1989).
· cites it 4× “Mo.Rev. Stat. § 524.110. The damages recoverable are "rents and profits down to the time of assessing the same.”
York v. Horner, 564 S.W.3d 641 (Mo. Ct. App. 2018).
· cites it 2× “Under Section 524.110, a plaintiff in a suit for ejectment can recover "damages for all waste and injury, and, by way of damages, the rents and profits, down to the time of assessing the same," with certain limitations.”
Smith v. Seamster, 36 S.W.3d 18 (Mo. Ct. App. 2000).
· cites it 3× “Section 524.110, RSMo 1994, provides that such damages can include those for waste, injury, rents, and profits, subject to certain limitations on the length of time the damages can accrue.”
Madget v. Jenkins, 461 S.W.2d 768 (Mo. 1970).
· cites it 2× “Our statute, § 524.110, RSMo, V.A.M.S., which goes back more than 100 years, see R.”
McNear v. Rhoades, 992 S.W.2d 877 (Mo. Ct. App. 1999).
“§ 524.110 for lost rents or profits, damages for waste or injury to the property.”
McCain v. Washington, 990 S.W.2d 685 (Mo. Ct. App. 1999).
· cites it 3× “Section 524.110, RSMo (1994) provides that a successful plaintiff in an ejectment action is entitled to recover rents and profits as damages.”
— Mo. Rev. Stat. § 524.110(2) — 1 case
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