Missouri Court of Appeals, Western District / Dec 7, 2021
Joe D. Brown, in his Capacity as Successor Trustee of the George E. Heard Revocable Trust, Dated February 24, 2000 vs. Douglas Lee Barnes and Kyle Barnes
Douglas and Kyle Barnes appealed a summary judgment granting Joe D. Brown, as Successor Trustee of the George E. Heard Revocable Trust, possession of real property in an unlawful detainer action. The Barneses resided on the property under an oral agreement to perform maintenance. The appellate court affirmed the trial court's judgment, finding that a landlord-tenant relationship existed, the tenancy was properly terminated, and the Barneses' claims regarding title or a gift of the property were not cognizable in an unlawful detainer action. The court also held that the unlawful detainer claim was not barred by the statute of limitations.