Missouri Lawyers Media Missouri legal news and public notices

Defendant rented a mobile home lot from plaintiff; the terms of the lease stated that the property could be occupied only by the named tenants and that the lease was not assignable or subleasable without plaintiff’s approval. Defendant and her ...

Tagged with: breach of lease Landlord-Tenant Preclusion of Assignment and Sublease Property Law Real Property Law

Defendant acquired a historic building and sought to restore it using state and federal tax credits; defendant retained the counsel of Winthrop & Weinstine to draft a tax-credit bond. Plaintiff later retained Winthrop to represent it in the financing of ...

Tagged with: Disqualification of Counsel Failure to Join Necessary Party foreclosure Real Property Real Property Law

  Where appellant challenged a judgment adverse to him imposing a constructive trust on insurance proceeds, the proceeds were paid after the destruction of a home on the parties’ property, and unchallenged findings constituted substantial evidence to support the award. ...

Tagged with: Insurance Proceeds Real Property Real Property Law

  Where a city challenged a judgment awarding heritage value to a family farm in a condemnation proceeding, the judgment is affirmed because in a case of first impression the trial court properly interpreted Section 523.039(3) to award heritage value ...

Tagged with: condemnation heritage value Real Property Real Property Law Recreational Trail

Where landowners, who prevailed in a wrongful-detainer action, challenged the trial court’s judgment waiving other claims related to the defendants’ occupation of the premises, the judgment was final for purposes of appeal, and the judgment is affirmed because the landowners ...

Tagged with: Disposal Expense Real Property Real Property Law Unlawful Detainer

Where decedent’s children challenged the grant of summary judgment to decedent’s second wife in a quiet-title action, the compulsory counterclaim rule did not require the wife to file her current action in a previous stage of the litigation, and the ...

Tagged with: Compulsory Counterclaim Quiet Title Real Property Real Property Law Standing

At the time of her marriage, plaintiff owned three properties. The couple decided to purchase a new home but required plaintiff to use all three properties as collateral. Following her divorce, plaintiff sought to unwind these transactions, claiming her husband ...

Tagged with: Enforceability Quiet Title Action Real Property Real Property Law Validity of Mortgage

Plaintiff challenged the foreclosure of his home, alleging various state court orders violated his equal protection rights and that the title-insurance company breached its policy by failing to make payments to the bank. Where plaintiff’s equal-protection claims were barred under ...

Tagged with: Breach of Title-Insurance Policy Equal Protection foreclosure Real Property Real Property Law

Where appellants challenged a judgment against them on their adverse-possession claim to 314 acres of land, the judgment is affirmed because the trial court did not err in finding that they failed to present substantial evidence to conclude that their ...

Tagged with: Adverse Possession Hostile Real Property Real Property Law Sufficiency Of Evidence

Plaintiff appealed from the judgment of the district court, arguing it failed to award damages to him for real property plaintiff transferred to defendant and improperly disregarded plaintiff’s reasonable estimates of the value of personal property plaintiff alleged was missing. ...

Tagged with: Estimates of Value Failure to Award Damages Real Property Real Property Law Transfer of Property

Where relator filed a petition for entry of a writ of prohibition and mandamus directing a trial judge not to take action to forcibly remove her from property and in the alternative requesting an evidentiary hearing, the respondent was in ...

Tagged with: Forcible Removal Possessory Rights Real Property Real Property Law