7.6 Court Must Determine Title

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

5. (§7.6) Court Must Determine Title

If a suit merely seeks to reform or cancel an instrument that affects title, the ordinary rules governing dismissal permit the plaintiff to dismiss the claim without prejudice as a matter of right. But if either the plaintiff or the defendant invokes the powers of the court to quiet title in accordance with § 527.150, RSMo 2016, "the court is required to adjudicate the respective interests of the parties to the action regardless of which party is entitled to it."

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