Section 34 Parties

• Library: Remedies 2006

The proper parties to a claim to reform an instrument must be the real parties in interest. Those who claim an interest through privity, such as heirs, assigns, grantees, judgment creditors, or purchasers with notice, may also bring the claim. Walters v. Tucker, 308 S.W.2d 673 (Mo. 1957); King v. Riley, 498 S.W.2d 564, 566 (Mo. 1973). The original parties to the instrument may not be necessary parties when they have conveyed their whole title or interest in the subject matter of the instrument. Shaffer v. Dalrymple, 507 S.W.2d 65, 70 (Mo. App. W.D. 1974); Walkup v. Evinger, 653 S.W.2d 383, 390 (Mo. App. W.D. 1983). It has...