Section 4 Generally

• Library: Remedies 2006

In cases involving real estate, venue is determined by the real estate venue provisions of § 508.030, RSMo 2000. But the Supreme Court has made a distinction between primary claims, for which it has held application of § 508.030 mandatory, and defensive claims, which it found could allow waiver of the venue statute. In Howell v. Reynolds, 249 S.W.2d 381 (Mo. 1952), the Supreme Court held that the circuit court of St. Louis did not have jurisdiction to cancel a deed of trust related to land in the county but that it did have jurisdiction to cancel the promissory note and restrain enforcement...