7.3 When Action at Law Becomes Action in Equity

• Library: Real Estate Practice Deskbook (2019 Ed.)

2. (§7.3) When Action at Law Becomes Action in Equity

A claim under Missouri's quiet title statute "can be either an action at law or in equity depending on how the issues are presented by the pleadings and on the relief sought." Erwin v. City of Palmyra, 119 S.W.3d 582, 586–87 (Mo. App. E.D. 2003). If the plaintiff merely requests a decree of title that seeks only "a determination of the existing title between litigants," then the prayer that title be quieted in the plaintiff's favor is an action at law. Id. at 587.

But when a

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