Section 8 Declaratory Judgment Law

• Library: Real Estate Fundamentals 2011

The declaratory judgment law, §§ 527.010–527.130, RSMo 2000, provides that the court can construe deeds, wills, and contracts. Rule 87.02. In effect, such a suit is frequently similar to a suit to quiet title. Evans v. Brussel, 300 S.W.2d 442, 444 (Mo. 1957); State ex rel. Clay Cnty. State Bank v. Waltner,145 S.W.2d 152 (Mo. 1940). A declaratory judgment suit, however, cannot be brought to determine a question that has been adjudicated in another suit. Cantrell v. City of Caruthersville,267 S.W.2d 646, 648 (Mo. 1954). A court in a suit to quiet title should determine the rights of all parties because its decree is...