Section 7 Real Party in Interest

• Library: Remedies 2006

As with any civil suit, an action seeking the remedy of rescission or cancellation must be brought by the real party in interest. See Adams v. Smith, 232 S.W.2d 482 (Mo. 1950); In re Idella M. Fee Revocable Trust, 142 S.W.3d 837, 841 (Mo. App. S.D. 2004). For example, a person with an inchoate future interest in real property is not a real party in interest. See Cull v. Pfeifer, 307 S.W.2d 424, 426–27 (Mo. 1957); Tracy v. Sluggett, 232 S.W.2d 926, 930 (Mo. 1950). But if the real party in interest is unable to institute a suit because of incapacity, the suit may be maintained by a next friend...