reglab/housing_qa huggingface dataset:
MS Code § 11-19-91 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 19 - Ejectment|§ 11-19-91. Judgment on the bond in proceedings involving crop

 If such rent be not paid, on motion of the plaintiff, a motion to assess damages shall be executed at the next or any future term of the circuit court to ascertain the value of the rent of said premises, and judgment shall be rendered on the verdict for the amount found by the jury against the parties bound on such undertaking for rent. If any have died, like proceedings shall be had as provided in case of the death of any of the sureties on the bond of a claimant of personal property levied on under execution before final judgment.
MS Code § 11-19-93 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 19 - Ejectment|§ 11-19-93. Exceptions to insufficient bond

 If the plaintiff allege that the amount of the security required by the clerk for rent to prevent the issuance of a writ of possession is insufficient, the circuit judge, in term time or vacation, shall hear the allegations and inquire into the matter, and may order a new undertaking for the rent to be given within such time as he shall prescribe; and if it shall not be given, a writ of possession shall be issued as if security for rent had not been given. Five days' notice of such complaint to the circuit judge shall be given to the opposite party.
MS Code § 11-19-95 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 19 - Ejectment|§ 11-19-95. Mesne profits and compensation for improvements

 In all cases where the defendant in ejectment would be liable for mesne profits and damages, the plaintiff may declare for and recover the same in the action of ejectment, or he may have his action for mesne profits after the recovery in ejectment as heretofore. It shall be lawful in all cases for the defendant in ejectment, whether the plaintiff demand mesne profits or damages or not, or in an action of mesne profits, to plead the value of all permanent, valuable and not ornamental improvements made on the land by the defendant, or by any one under whom he holds, before notice of the intention of the plaintiff to bring the action, and all taxes that may have been lawfully paid on the land by defendant or those under whom he holds up to the date of trial, including interest, costs, and damages incident to such taxes; but a defendant shall not be entitled to such compensation for improvements or taxes unless he claim the premises under some deed or contract of purchase acquired or made in good faith.
MS Code § 11-19-97 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 19 - Ejectment|§ 11-19-97. How improvements estimated and judgment therefor

 The jury shall find the actual cash value of such improvements and the amount of taxes paid, the value of the mesne profits and damages, and the actual cash value of the land without the improvements. Where the value of the improvements and taxes exceed the value of the mesne profits and damages, the defendant shall have a lien upon the land for the difference between the value of the mesne profits and the value of the improvements and taxes so found, and execution shall not issue in favor of the plaintiff until he shall have paid the amount so due to the defendant. Unless the plaintiff, within three months after the rendition of the verdict, pay the amount so due, the defendant may pay to the plaintiff the assessed value of the land with interest from the date of the verdict, and pay the costs of the suit, and thereupon the execution of the judgment for the recovery of the land shall be perpetually stayed. If the defendant fail to pay to the plaintiff the value of the land so assessed, with interest and costs of suit, within three months after the expiration of the time allowed the plaintiff for making payment, an execution shall issue for the sale of the land recovered in the ejectment.
MS Code § 11-19-99 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 19 - Ejectment|§ 11-19-99. How proceeds divided in case of sale

 The proceeds of the sale, after payment of costs, shall be divided between the plaintiff and the defendant in proportion to the sums due them respectively as found by the verdict.
MS Code § 11-19-101 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 19 - Ejectment|§ 11-19-101. Reversioner or remainderman to have appeal

 If a tenant for life be impleaded, and judgment given against him for the lands or tenements, then the person to whom the reversion or remainder belongs at the time of such judgment, his heirs or successors, may have an appeal as well in the lifetime of the tenant as after his death. If the judgment be reversed, the tenant, if living, shall be restored to the possession of the lands or tenements, and the party prosecuting the appeal shall be entitled to the arrearages of rent for the same. If the tenant be dead at the time of judgment given on the appeal, then restitution of the lands or tenements shall be made to the party prosecuting the appeal, together with the arrearages of rent. If the party prosecuting the appeal allege that the judgment first obtained against the tenant was by covin or assent, then restitution shall be made to the party prosecuting such appeal with arrearages of rent, although the tenant be living; but in such case the tenant may have a scire facias against the party appealing if he deny and traverse the covin or assent, but not otherwise.
MS Code § 11-19-103 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 19 - Ejectment|§ 11-19-103. Judgment as res adjudicata

 A judgment in an action of ejectment shall be conclusive as to the right of possession established upon the party against whom it is recovered, and upon all persons claiming from, through, or under such party, by title arising after the commencement of the action; but if any person against whom such judgment is recovered shall be, at the time of its recovery, an infant or person of unsound mind, the judgment shall not be a bar to an action commenced by such person, or any one claiming by inheritance from, through, or under him, within three years after the removal of his disability.
MS Code § 11-19-105 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 19 - Ejectment|§ 11-19-105. Record may be recorded as a deed

 A certified copy of the complaint, the writ, the answer or other defense, if any, and the judgments in an ejectment suit may be recorded, without acknowledgment by anyone, in the proper record of conveyances of land in the county in which the land is situated; and the same shall be indexed as a deed from the unsuccessful party to the party in whose favor the final judgment is rendered.
MS Code § 11-23-1 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 23 - Trial of Right of Property|§ 11-23-1. Proceedings when third person claims subject of action

 Upon affidavit of a defendant, before pleas filed in any action in a circuit court upon contract or for the recovery of personal property, that a third party, without collusion with him, has a claim to the subject of the action, and that he is ready to pay or dispose of the same as the court may direct, the court may make an order for the safekeeping or payment, or deposit in court, or delivery of the subject matter of the action to such person as it may direct, and an order requiring such third party to be summoned to appear in a reasonable time and maintain or relinquish his claim against the defendant. If such third party, being duly summoned, as provided for in the Mississippi Rules of Civil Procedure, shall fail to appear, the court may declare him barred of all claim in respect to the subject of the action against the defendant therein; but if such third party appear, he shall be allowed to make himself defendant in the action at law instead of the original defendant, who shall be discharged from all liability to either of the other parties, in respect to the subject of the action, upon his compliance with the order of the court for the payment, deposit, or delivery thereof. If the claim of such third party extend to only a part of the subject matter of the action, similar proceedings may be had respecting the part so claimed, and the action shall proceed as to the residue as in other cases.
MS Code § 11-23-3 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 23 - Trial of Right of Property|§ 11-23-3. Third party proceeding applicable to officers

 The provisions of the Section 11-23-1 shall be applicable to any action brought in a circuit court against a sheriff or other officer for the recovery of personal property taken by him under executions or attachment, or for the proceeds of property so taken and sold by him; and the defendant in any such action shall have the benefit of said provisions against the party in whose favor the execution or attachment issued by making affidavit that the property, for the recovery of which or its proceeds the action is brought, was taken under process, describing it; and in such case the judgment of the court shall be framed to effect justice between the parties according to their rights.
MS Code § 11-23-7 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 23 - Trial of Right of Property|§ 11-23-7. Claim to property levied on; how interposed

 When any person not a party to the execution shall claim to be the owner of or to have a lien on any personal property levied upon, such person may make affidavit to his right or title to the property, and may enter into bond, payable to the plaintiff in the execution, with one or more sufficient sureties, in the penalty of double the value of the property claimed, or in double the amount of the execution, if that be less than the value of the property, to be estimated by the officer holding the execution, and indorsed thereon, conditioned for the prosecution of the claim with effect, or, in case of failure therein, for the payment to the plaintiff in the execution of all damages that may be awarded against the claimant, and for the delivery of the property to the proper officer; and upon the making of the affidavit and bond, the officer holding the execution shall receive the same, and shall deliver the property to the claimant, and return the affidavit and bond with the execution. The claim may be interposed without giving bond, and the same proceedings be had thereon except that the property claimed shall not be delivered to the claimant, but shall be sold, as provided in case of property of like kind seized in replevin, or, if not such as should be sold, shall be held by the officer. The bond of the claimant shall stand as security to the parties to the action and judgment may be rendered on it according to the exigency.
MS Code § 11-23-9 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 23 - Trial of Right of Property|§ 11-23-9. Execution stayed for value of property claimed, unless

 Further proceedings on the execution shall be stayed for an amount equal to the value of the property claimed, as returned by the officer, until final decision of the claim; and on all subsequent executions issued on the judgment prior to the final decision of the claim, the clerk shall indorse the amount of the estimated value for the government of the officer to whom the same may be directed; but the plaintiff may dismiss the levy, and have execution as if it were never made.
MS Code § 11-23-11 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 23 - Trial of Right of Property|§ 11-23-11. Issue to be made up

 Upon the return of the execution with the affidavit and bond, if any, the court shall, on motion of the plaintiff in execution, direct an issue to be made up between the parties to try the right of property at the same term, unless good cause be shown for a continuance.
MS Code § 11-23-13 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 23 - Trial of Right of Property|§ 11-23-13. Default in making up issue

 If by default of the plaintiff in execution an issue for the trial of the right of property be not made up at the term to which the execution is returnable, the court shall discharge the claimant from his bond, and the property shall not thereafter be subject to execution on plaintiff's judgment; but if the claimant fail to join issue when tendered at the first term, the court, at the instance of the plaintiff in execution, shall order a writ of inquiry as to the value of the property, and also to inquire whether or not the claim was made for fraudulent purposes or for purposes of delay.
MS Code § 11-23-15 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 23 - Trial of Right of Property|§ 11-23-15. Burden of proof on plaintiff; trial of issue

 On the trial of the issue, the burden of proof shall be on the plaintiff in execution, and the issue shall be tried as in ordinary actions at law, and either party shall have the same rights as in other trials. The jury trying the issue, in case it find in favor of the plaintiff in execution, shall assess the value of the property subject to the execution, and shall certify whether the claim was made for fraudulent purposes or for delay. The valuation of the officer taking the bond of the claimant shall be prima facie evidence of the value of the property; and in case the jury fail to find the value of the property, the plaintiff may, at his election, take judgment for the value as returned by the officer, or have a writ of inquiry.
MS Code § 11-23-17 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 23 - Trial of Right of Property|§ 11-23-17. The judgment

 If the verdict be in favor of the plaintiff in execution, either on an issue joined or on an inquiry by default, or in case the plaintiff take judgment by default, and elect to take the value as returned by the officer, the court shall render judgment against the claimant and the sureties on his bond, for the restoration of the specific property to the officer, if to be had, and, if not, for the payment of its value not exceeding the amount of the original judgment to the plaintiff, and all costs. If the jury find that the claim was made for fraudulent purposes, or for delay, the judgment shall also award the plaintiff ten per centum damages on the value of the property. If the property be restored to the officer, it shall be sold, under a venditioni exponas to be issued for that purpose, as if the claim had not been made. If bond be not given, and the property or its proceeds be in the hands of the officer, the judgment may be modified accordingly. If the verdict be in favor of the claimant, he shall recover his costs, the levy shall be removed, the claimant shall be discharged from his bond, and the property shall not thereafter be subject to execution on plaintiff's judgment.
MS Code § 11-23-19 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 23 - Trial of Right of Property|§ 11-23-19. Laws applicable in case of death

 All the provisions of law in reference to the death of either party, and the revival of the cause, in personal actions, and the death of any of the obligors, in a bond given in the progress of a cause, and the proceedings thereon before or after judgment, shall apply to proceedings under Sections 11-23-7 through 11-23-29; but in case the claimant shall die before judgment, and there be no representative of his estate, judgment shall be entered against the sureties on his bond for the property, or the value thereof, as assessed by the sheriff, or to be found by the verdict of a jury impaneled to inquire of the same, at the option of the plaintiff, with interest on such value from the date of the claimant's bond.
MS Code § 11-23-21 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 23 - Trial of Right of Property|§ 11-23-21. New bond may be required

 If the sureties on the claimant's bond shall become insufficient, the court, on motion of the plaintiff, may require the claimant to give a new bond or to surrender to the officer the property claimed. If new bond be given, the sureties thereon shall be jointly liable with the sureties on the first bond, but if the claimant fail to give a new bond and to surrender the property, judgment shall be rendered against him and the sureties on his bond as by default. If the claimant surrender the property as required, the sureties on the bond given shall thereby be discharged, and the cause shall be proceeded with as if the officer had retained the property in the first instance.
MS Code § 11-23-23 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 23 - Trial of Right of Property|§ 11-23-23. Venue changed in certain cases

 If the claimant shall not be a resident of the county in which the execution is issued, and the property be levied on in the county of his residence, the venue for the trial of the issue may be changed, on his application, to the circuit court of the county of his residence, and the result shall be certified to the court. The procedure governing a claimant's objection to venue and transfer thereof shall be as provided for in the Mississippi Rules of Civil Procedure.
MS Code § 11-23-25 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 23 - Trial of Right of Property|§ 11-23-25. Proceedings in justice's court

 If the claim be interposed in a court of a justice of the peace, on filing the affidavit and bond, or the affidavit, if a bond be not given, the justice shall fix a day for the trial, and give notice thereof to the parties.
MS Code § 11-23-27 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 23 - Trial of Right of Property|§ 11-23-27. Form of a claimant's affidavit

 A claimant's affidavit may be in the following form, viz.:   State of Mississippi, County: "Before me, , a justice of the peace of said county, makes oath that a certain [here describe the property], levied on by virtue of an execution in favor of against , issued by , a justice of the peace of said county, on the day of , A. D. , and now in the hands of , a of county, under said execution, is the property of affiant, and is not the property of . "Sworn to and subscribed before me, , A. D. , J. P."   Click to view
MS Code § 11-23-29 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 23 - Trial of Right of Property|§ 11-23-29. Form of a claimant's bond

 A claimant's bond may be in the following form, viz.:   "We, , principal, and and , sureties, bind ourselves to pay dollars, unless the said shall prosecute with effect his claim to a [here describe the property], levied on by virtue of an execution issued on the day of , A.D. , by court of county, in favor of against , returnable before the court on the day of , A.D. , and valued at dollars: or, in case he fail therein, shall pay to the said all such damages as may be awarded against the said , in case his claim shall not be sustained, and shall deliver the same property to the officer having said execution, if the claim thereto shall be determined against the said . "Witness our hands, this day of , A. D. . " , " , " , "I approve the foregoing bond and sureties, this the day of , A.D. . Sheriff."   Click to view
MS Code § 11-29-1 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 29 - Sequestration|§ 11-29-1. Issuance of writ of sequestration

 When a bill is filed in the chancery court in reference to personal property, and affidavit and bond as required therefor is made and filed, the clerk of the court shall issue a writ of sequestration.
MS Code § 11-29-3 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 29 - Sequestration|§ 11-29-3. Affidavit required

 Before any writ of sequestration shall issue, the complainant shall make and file an affidavit showing that he has good cause to believe, and does believe, that there is danger of the removal of the property involved in the suit beyond the limits of the state, or of its concealment in the state so as to be beyond the process of the court, or of its transfer so as to defeat the rights of the complainant, and that such removal, concealment, or transfer is about to occur, and, moreover, shall give the bond required by Section 11-29-5.
MS Code § 11-29-5 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 29 - Sequestration|§ 11-29-5. Security required

 Before the writ of sequestration shall issue in any case, the complainant shall enter into bond with sufficient sureties, payable to the defendant, in double the value of the property proposed to be seized, to be fixed by the clerk from affidavit, or such evidence as may satisfy him, conditioned to pay all damages which may accrue from the wrongful seizure of the property to be sequestered, which bond shall be filed in the cause.
MS Code § 11-29-7 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 29 - Sequestration|§ 11-29-7. Writ granted by chancellor or judge

 Writs of sequestration may also be ordered, and the amount of the bond to be given therefor by complainant may be prescribed, by the chancellor or by any judge authorized to grant remedial process of such nature.
MS Code § 11-29-9 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 29 - Sequestration|§ 11-29-9. Contents of writ

 The writ of sequestration shall be directed to the sheriff or other proper officer commanding him to seize and take into possession the property in question and to hold the same until the further order of the court or chancellor, or until the defendant from whose possession the same was taken shall enter into bond with sufficient sureties, payable to the complainant in double the value of the property, to be assessed by the officer, conditioned to have the property forthcoming to abide the decree to be made by the court in the cause, or until the said defendant shall enter into bond with sufficient sureties, to be approved by the officer, payable to the complainant, in double the amount of the indebtedness claimed, conditioned for the performance of such final decree as may be entered in the cause. If a forthcoming bond be given, it shall be returned with the writ and filed in the cause, and, in case the property shall not be delivered or forthcoming to abide the decree, the bond shall have the force and effect of a judgment; and execution may issue thereon against all the obligors for the amount of the decree or the value of the property, according to the nature of the case. If a bond in double the debt be given, it shall be returned and filed with the papers in the cause. A bond in double the value of the property shall always be required, except when its value shall greatly exceed the debt and all probable costs.
MS Code § 11-29-11 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 29 - Sequestration|§ 11-29-11. Complainant may bond the property in certain cases

 Should the defendant fail to give bond as above allowed, within five days from the date of seizure, then the complainant at whose instance the property was seized may give such bond and receive the property. In such case, the bond shall be dealt with in all respects as if the defendant had given it and retained the property.