7.23 Jury Instructions

LibraryReal Estate Practice Deskbook (2019 Ed.)

J. (§7.23) Jury Instructions

There are no Missouri Approved Instructions concerning a quiet title action. "When there is no applicable MAI instruction, a non-MAI instruction may be given if it conforms to the requirements of [Supreme Court] Rule 70.02 in that it is simple, brief, impartial and free from argument." McBryde v. Ritenour Sch. Dist., 207 S.W.3d 162, 168–69 (Mo. App. E.D. 2006). Therefore, the jury instructions will contain clear and neutral language asking the jury to determine whether:

1. the plaintiff has the alleged interest in the described real estate;
2. that defendant claims an interest in the described real estate; and
3.
...

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