reglab/housing_qa huggingface dataset:
MS Code § 89-1-7 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|In General|§ 89-1-7. Estate in two or more persons

 All conveyances or devises of land made to two (2) or more persons, including conveyances or devises to husband and wife, shall be construed to create estates in common and not in joint tenancy or entirety, unless it manifestly appears from the tenor of the instrument that it was intended to create an estate in joint tenancy or entirety with the right of survivorship. But an estate in joint tenancy or entirety with right of survivorship may be created by such conveyance from the owner or owners to himself, themselves or others, or to himself, themselves and others.   An estate in joint tenancy or entirety with right of survivorship between spouses may be terminated by deed of one spouse to the other without necessity of joinder of the grantee spouse and without regard to whether the property constitutes any part of the homestead of the spouses.
MS Code § 89-1-9 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|In General|§ 89-1-9. The rule in Shelley's Case abolished

 A conveyance or devise of land or other property to any person for life, with remainder to his heirs or heirs of his body, shall be held to create an estate for life in such person, with remainder to his heirs or heirs of his body, who shall take as purchasers, by virtue of the remainder so limited to them.
MS Code § 89-1-11 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|In General|§ 89-1-11. Remainder good without particular estate

 When an estate is, by any conveyance, limited in remainder to the son or daughter of any person, to be begotten such son or daughter born after the decease of the father, shall take the estate in the same manner as if he or she had been born in the lifetime of the father, although no estate shall have been conveyed to support the contingent remainder after his death.
MS Code § 89-1-13 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|In General|§ 89-1-13. Limitation on failure of issue

 Every contingent limitation in any conveyance or will made to depend upon the dying of any person without heirs or heirs of the body, or without issue or issue of the body, or without children, or offspring, or descendant, or other relative, shall be held and interpreted as a limitation, to take effect when such person shall die not having such heir, or issue, or child, or offspring, or descendant, or other relative, as the case may be, living at the time of his death, or born to him within ten (10) months thereafter, unless the intention of such limitation be otherwise expressly and plainly declared on the face of the instrument creating it.
MS Code § 89-1-15 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|In General|§ 89-1-15. Estates in fee tail prohibited

 Estates in fee tail are prohibited; and every estate which, but for this statute, would be an estate in fee tail, shall be an estate in fee simple; but any person may make a conveyance or a devise of lands to a succession of donees then living, and upon the death of the last of said successors to any person or any heir.
MS Code § 89-1-17 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|In General|§ 89-1-17. Alienation good for grantor's interest; remainder not affected

 All alienations and warranties of lands purporting to convey or pass a greater estate than the grantor may lawfully convey or pass, shall operate as alienation or warranties of so much of the right and estate in such lands as the grantor could lawfully convey, but shall not pass or bar the right to the residue of the estate purported to be conveyed; nor shall the alienation of any particular estate on which a remainder may depend, whether such alienation be by will or other writing, nor the union of such particular estate with the inheritance, by purchase or by descent, so operate, by merger or otherwise as to defeat, impair, or in any way affect such remainder.
MS Code § 89-1-19 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|In General|§ 89-1-19. Right of entry not tolled by death of disseizor

 If any disseizor of lands who has no right or title therein, die seized thereof, his dying seized shall not be such descent in law to the heir of the disseizor as to take away the entry of the person who, at the time of such descent, had lawful right of entry.
MS Code § 89-1-21 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|In General|§ 89-1-21. How body politic, public or private corporation may convey land

 All bodies politic and public corporations may convey their lands by and under the corporate seal and the signature of an officer; and such officer signing the same may acknowledge the execution of the deed, or proof thereof may be made as in other cases.   Any private corporation may convey lands by a conveyance signed in its name by an officer or by an authorized agent or attorney in fact; and such officer, agent or attorney in fact signing the same may acknowledge the execution of the conveyance, or proof thereof may be made as in other cases. The absence of the corporate seal shall not affect the validity of a conveyance by a private corporation so executed.
MS Code § 89-1-23 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|In General|§ 89-1-23. Aliens holding land

 Resident aliens may acquire and hold land, and may dispose of it and transmit it by descent, as citizens of the state may. Except as otherwise provided in this section, nonresident aliens shall not hereafter acquire or hold land, but a nonresident alien may have or take a lien on land to secure a debt, and at any sale thereof to enforce payment of the debt may purchase the same, and thereafter hold it, not longer than twenty (20) years, with full power during said time to sell the land, in fee, to a citizen; or he may retain it by becoming a citizen within that time. All land held or acquired contrary to this section shall escheat to the state; but a title to real estate in the name of a citizen of the United States, or a person who has declared his intention of becoming a citizen, whether resident or nonresident, if he be a purchaser or holder, shall not be forfeited or escheated by reason of the alienage of any former owner or other person.   Any person who was or is a citizen of the United States and became or becomes an alien by reason of marriage to a citizen of a foreign country, may hereafter inherit, or if he or she heretofore inherited or acquired or hereafter inherits, may hold, own, transmit by descent or transfer land free from any escheat to the State of Mississippi, if said land has not heretofore escheated by final valid order or decree of a court of competent jurisdiction.   Nonresident aliens who are citizens of Syria or the Lebanese Republic may inherit property from citizens or residents of the State of Mississippi.   Nonresident aliens may acquire and hold not to exceed three hundred twenty (320) acres of land in this state for the purpose of industrial development thereon. In addition, any nonresident alien may acquire and hold not to exceed five (5) acres of land for residential purposes. The nonresident alien may dispose of any such land, but if any land acquired for industrial development ceases to be used for industrial development while owned by a nonresident alien, it shall escheat to the state. The limitation set forth in this paragraph shall not apply to corporations in which the stock thereof is partially or wholly owned by nonresident aliens.
MS Code § 89-1-25 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|In General|§ 89-1-25. Quitclaim deeds and disclaimers of title by school district boards of trustees, municipalities and boards of supervisors

 In all cases where a board of trustees of any school district, governing authorities of any municipality or board of supervisors of any county in the State of Mississippi has heretofore attempted to convey or to obtain title to real property or any interest therein and thereafter any question of title arises with reference to the procedure of conveyance, description of the property attempted to be conveyed or obtained or other matters connected therewith, and the governing authority of said school district, municipality or county determines by order entered on its minutes that the said political subdivision is asserting no further claim of title, that at the time of said attempted conveyance or disposition of said property, if property was conveyed or disposed of by the political subdivision, the said political subdivision did then receive the fair and reasonable market value of said property, and that a period of at least five (5) years has elapsed from the date of the said original attempted conveyance or disposition or obtaining of title of said property; the said board of trustees of said school district, governing authorities of said municipality or board of supervisors of said county, as the case may be, is thereupon hereby authorized, in its discretion, to execute quitclaim deeds and disclaimers of title on behalf of said political subdivision, after which any right or claim of said political subdivision in and to said realty shall be cut off and not thereafter brought into issue. Any such quitclaim deed or disclaimer of title heretofore executed by or on behalf of said political subdivision in accordance with the foregoing shall likewise be valid if executed in accordance with the provisions hereof.
MS Code § 89-1-27 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|In General|§ 89-1-27. Conveyances by masters, commissioners, sheriffs or other officers

 Conveyances by masters, commissioners, sheriffs, and constables for lands sold by virtue of any decree or judgment of any court in this state, shall be good and effectual for passing all the interest the defendant had in the lands to the purchaser thereof, but shall not prejudice the rights of other claimants. In case any master, commissioner, sheriff, or other officer should, for any cause whatever, fail or omit to make such conveyance, without good cause for the omission or failure, during his continuance in office, the court which rendered the judgment or decree may, on petition for that purpose, order the successor of such master, commissioner, sheriff, or other officer, to make a proper conveyance to the purchaser; and all conveyances made by masters, commissioners, sheriffs, or other officers, shall be acknowledged or proved and recorded as other conveyances. In case any tax collector should fail to make a conveyance for land sold by him for taxes of any kind during his continuance in office, the board of supervisors of the proper county, on petition for that purpose and proof of the purchase and payment of the money, may order the successor of such tax collector to make a conveyance to the purchaser.
MS Code § 89-1-29 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|In General|§ 89-1-29. Spouse's role in conveying homestead; incompetent spouse; limited power of attorney in conveyance of homestead

 A conveyance, mortgage, deed of trust or other incumbrance upon a homestead exempted from execution shall not be valid or binding unless signed by the spouse of the owner if the owner is married and living with the spouse or by an attorney in fact for the spouse. But where the spouse of the owner of the homestead exempted from execution has been adjudicated incompetent, then the owner of the homestead may file a petition in the chancery court and allege in the petition the incompetence of the spouse and the adjudication of incompetency of the spouse and the facts of the case. The summons for the spouse who has been adjudicated incompetent shall be issued and be served in the same manner as process is served in other cases on persons who are incompetent. The court shall hear the case in vacation or in termtime as in other cases, and if the court finds the spouse to be incompetent and the owner entitled to relief, the court by decree shall authorize and empower the owner to execute a conveyance, mortgage, deed of trust or other incumbrance upon the homestead without the signature of the spouse. However, no mortgage or deed of trust executed in favor of the Farmers Home Administration at the time of the purchase of real estate to secure the payment of the money used to purchase the real estate shall be invalid because it is not signed by the spouse of the owner. All powers of attorney authorizing any conveyance, mortgage, deed of trust or other incumbrance upon a homestead shall designate an attorney in fact other than the spouse and shall comply with the provisions of Chapter 3 of Title 87.
MS Code § 89-1-33 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|In General|§ 89-1-33. Effect of word "warrant" in conveyance

 The word "warrant" without restrictive words in a conveyance shall have the effect of embracing all of the five (5) covenants known to common law, to wit: seizin, power to sell, freedom from incumbrance, quiet enjoyment and warranty of title.
MS Code § 89-1-35 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|In General|§ 89-1-35. Effect of words "warrant specially."

 The words "warrant specially," in a conveyance, shall constitute a covenant that the grantor, his heirs and personal representatives, will forever warrant and defend the title of the property unto the grantee and his heirs, representatives, and assigns, against the claims of all persons claiming by, through, or under the grantor.
MS Code § 89-1-37 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|In General|§ 89-1-37. Effect of a conveyance without warranty

 A conveyance without any warranty shall operate to transfer the title and possession of the grantor as a quitclaim and release.
MS Code § 89-1-39 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|In General|§ 89-1-39. Effect of quitclaim and release

 A conveyance of quitclaim and release shall be sufficient to pass all the estate or interest the grantor has in the land conveyed, and shall estop the grantor and his heirs from asserting a subsequently acquired adverse title to the lands conveyed.
MS Code § 89-1-41 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|In General|§ 89-1-41. Effect of words "grant, bargain, sell."

 The words "grant, bargain, sell," shall operate as an express covenant to the grantee, his heirs and assigns, that the grantor was seized of an estate, free from incumbrance made or suffered by the grantor, except the rents and services that may be reserved, and also for quiet enjoyment against the grantor, his heirs and assigns, unless limited by express word contained in the conveyance; and the grantee, his heirs, executors, administrators, and assigns, may, in any action, assign breaches as if the covenants above mentioned were expressly inserted.
MS Code § 89-1-43 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|In General|§ 89-1-43. Mortgages and trust estates; trust estates subject to execution

 Estates of any kind holden or possessed in trust for another, shall be subject to the like debts and charges of the person to whose use or for whose benefit they are holden or possessed as they would have been subject to them if the person had owned the like interest in the thing holden or possessed as he may own in the uses or trusts thereof, whether the trusts be fully executed or not. Said estates may be sold under execution at law, so as to pass whatever interest the cestui que trust may have; and, before a sale under a mortgage or deed of trust, the mortgagor or grantor shall be deemed the owner of the legal title of the property conveyed in such mortgage or deed of trust, except as against the mortgagee and his assigns, or the trustee after breach of the condition of such mortgage or deed of trust.
MS Code § 89-1-45 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|In General|§ 89-1-45. Mortgage for purchase money of land

 Every mortgage given at the time of the purchase of real estate to secure the payment of the purchase money, whether such mortgage be given to the seller or to a third-party lender, shall be entitled to a preference over all judgments and other debts of the mortgagor, which preference shall extend only to the land purchased.
MS Code § 89-1-47 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|In General|§ 89-1-47. Deed not shown to be mortgage by parol evidence

 A conveyance or other writing absolute on its face, where the maker parts with the possession of the property conveyed by it, shall not be proved, at the instance of any of the parties, by parol evidence, to be a mortgage only, unless fraud in this procurement be the issue to be tried.
MS Code § 89-1-49 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|In General|§ 89-1-49. Extinguishment of mortgage; applicability; line of credit

  Except as provided in subsections (2) and (4) of this section, payment of the money secured by any mortgage or deed of trust shall extinguish it, and revest the title in the mortgagor as effectually as if reconveyed.   This section shall have no application to security agreements executed under the Mississippi Uniform Commercial Code nor to security interests created by such security agreements.   As used in this section, the term "line of credit" means any loan, extension of credit or financing arrangement where the lender has agreed to make additional or future advances.   This section shall have no application to a mortgage or deed of trust which states on its face that it secures a line of credit; nor to one which secures a line of credit and, under prior law, was not required to state on its face that it secures a line of credit. Mortgages or deeds of trust not covered by this section shall be extinguished as provided in subsection (5) of Section 89-5-21.
MS Code § 89-1-51 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|In General|§ 89-1-51. Trustee may acknowledge satisfaction

 The trustee in a deed of trust may acknowledge satisfaction of the deed of trust in like manner as the cestui que trust may, and with like effect, but in such case the trustee shall be liable to the cestui que trust for the amount secured by the deed of trust.
MS Code § 89-1-53 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|In General|§ 89-1-53. Mortgages and deeds of trust on land; to be referred to in deed of conveyance under foreclosure proceedings

 If there shall be a foreclosure and sale under any such mortgage or deed of trust on land, the deed of conveyance made to a purchaser pursuant to a sale thereunder shall recite the names of all parties to and the date of such mortgage or deed of trust, and also the book and page of the record thereof, and if made by a substituted trustee shall also recite the book and page of the record of his substitution and appointment; but the omission of such recitations shall not invalidate the deed of conveyance.
MS Code § 89-1-55 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|In General|§ 89-1-55. How lands sold under mortgages and deeds in trust

 All lands comprising a single tract, and wholly described by the subdivisions of the governmental surveys, sold under mortgages and deeds of trust, shall be sold in the manner provided by Section 111 of the Mississippi Constitution of 1890 for the sale of lands in pursuance of a decree of court, or under execution. All lands sold at public outcry under deeds of trust or other contracts shall be sold in the county in which the land is located, or in the county of the residence of the grantor, or one of the grantors in the trust deed, provided that where the land is situated in two (2) or more counties, the parties may contract for a sale of the whole in any of the counties in which any part of the land lies. Sale of said lands shall be advertised for three (3) consecutive weeks preceding such sale, in a newspaper published in the county, or, if none is so published, in some paper having a general circulation therein, and by posting one notice at the courthouse of the county where the land is situated, for said time, and such notice and advertisement shall disclose the name of the original mortgagor or mortgagors in said deed of trust or other contract. No sale of lands under a deed of trust or mortgage, shall be valid unless such sale shall have been advertised as herein provided for, regardless of any contract to the contrary. An error in the mode of sale such as makes the sale void will not be cured by any statute of limitations, except as to the ten-year statute of adverse possession.
MS Code § 89-1-57 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|In General|§ 89-1-57. Deed of trust or mortgage; how sale made when terms not specified

 If a deed of trust or mortgage, with a power of sale, be silent as to the place and terms of sale and mode of advertising, a sale may be made after condition broken, for cash, upon such notice, and at such time and place as is required for sheriff's sale of like property. But all such sales shall be made in the county where the land is located, or in the county of the residence of the grantor or one (1) of the grantors, provided that where the land is situated in two (2) or more counties, the parties may contract for a sale of the whole, or any part thereof, in either county in which a part of the land lies.
MS Code § 89-1-59 (2020)
2020 Mississippi Code|Title 89 - Real and Personal Property|Chapter 1 - Land and Conveyances|In General|§ 89-1-59. Accelerated debt may be reinstated by payment of all default before sale

 Where there is a series of notes or installment payments secured by a deed of trust, mortgage or other lien, and a provision is inserted in such instrument to secure them to the effect that upon a failure to pay any one (1) note or installment, or the interest thereon, or any part thereof, or for failure to pay taxes or insurance premiums on the property described in such instrument and the subject of such lien, that all the debt secured thereby should become due and collectible, and for any such reason the entire indebtedness shall have been put in default or declared due, the debtor, or any interested party, may at any time before a sale be made under the terms and provisions of such instrument, or by virtue of such lien, stop a threatened sale under the powers contained in such instrument or stop any proceeding in any court to enforce such lien by paying the amount of the note or installment then due or past due by its terms, with all accrued costs, attorneys' fees and trustees' fees on the amount actually past due by the terms of such instrument or lien, rather than the amount accelerated, and such taxes or insurance premiums due and not paid, with proper interest thereon, if such should have been paid by any interested party to such instrument. Any such payment or payments shall reinstate, according to the terms of such instrument, the amount so accelerated, the same as if such amount not due by its terms had not been accelerated or put in default.