reglab/housing_qa huggingface dataset:
MS Code § 11-21-23 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 21 - Partition of Property|Realty|§ 11-21-23. Assignment of shares and owelty

 Instead of making an allotment of shares by ballot, the special commissioners may assign shares to the parties entitled, if so directed by the court or chancellor, or if they find it desirable, and in any case, if an equal partition in kind cannot be made otherwise, or so advantageously, the special commissioners may assess the amount of money to be paid by one or more of the cotenants to another or others, so as to equalize their respective shares.
MS Code § 11-21-25 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 21 - Partition of Property|Realty|§ 11-21-25. Report of special commissioners

 The special commissioners shall make to the court, at the first term held after they have acted, or else as the court shall direct, a full report, in writing, of their proceedings, which, on exceptions filed at any time before its confirmation, for good cause shown may be set aside by the court, and other special commissioners appointed, or the same special commissioners may be directed to make a new partition; or the partition may be modified by the court in any particular, and be confirmed as thus modified.
MS Code § 11-21-27 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 21 - Partition of Property|Realty|§ 11-21-27. Land sold when not capable of division

 If, after a judgment for partition and the appointment of masters, it shall appear from the report of the masters, or on exceptions to their report, that a just and equal division of the land cannot be made, or that a sale will better promote the interest of all the cotenants, the court shall order a sale of the land, or such part thereof as may be deemed proper, and a division of the proceeds among those interested, as provided for.   Before the court shall order a sale of the lands, the court may cause an appraisal to be made of the property, the expense of which shall be taxed and collected as costs in the proceedings. If the court causes an appraisal of the property to be made, then, subsequent to the receipt and filing of the appraisal with the court, the court shall hold in abeyance its order for sale of the land for a period of thirty (30) days in order to allow the parties the opportunity to reach an agreement as to a partition in kind or sale of the lands.
MS Code § 11-21-29 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 21 - Partition of Property|Realty|§ 11-21-29. Compensation of masters

 The court in which the cause is pending, or the chancellor or judge thereof in vacation, shall fix and allow reasonable compensation for each of the masters, and such compensation shall be taxed and collected as costs in the suit.
MS Code § 11-21-31 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 21 - Partition of Property|Realty|§ 11-21-31. Attorney's fees

 In all cases of the partition or sale of property for division of proceeds, the court may allow a reasonable attorney's fee to the attorney or the plaintiff, to be taxed as a common charge on all the interests, and to be paid out of the proceeds in case of a sale, and to be a lien on the several parts in case of partition.
MS Code § 11-21-33 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 21 - Partition of Property|Realty|§ 11-21-33. Owelty a lien

 In all cases where owelty is allowed, it shall be a lien upon the share of the party charged therewith, which shall be superior to all other liens made or suffered by such party.
MS Code § 11-21-35 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 21 - Partition of Property|Realty|§ 11-21-35. Final judgment and judgment confirming partition

 The final judgment of the chancery court in partition proceedings shall ascertain and settle the rights of all parties; and it, and the judgment confirming the partition, shall constitute an instrument of evidence in all questions as to the title of the lands which may be the subject of the judgment, in all courts, and shall be conclusive as to the rights of all parties to the suit, and subject to motions and other post trial review, as in other suits, and to a repartition as provided.
MS Code § 11-21-37 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 21 - Partition of Property|Realty|§ 11-21-37. Recording of judgments

 Judgments making partition shall be recorded in the record book of conveyances of the county or district in which any of the lands are situated, within three (3) months after the partition is confirmed; and a partition, the judgment making which is not so deposited with the clerk for record, shall not be valid as against purchasers without notice, or against creditors.
MS Code § 11-21-39 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 21 - Partition of Property|Realty|§ 11-21-39. Lien created by party binding on his share

 Any mortgage or other lien executed by any joint tenant, tenant in common, or coparcener, shall remain in force on the share of such cotenant after partition, and on his share only; but this shall not prevent the holder of such mortgage or other lien from asserting claim to owelty awarded to such cotenant.
MS Code § 11-21-41 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 21 - Partition of Property|Realty|§ 11-21-41. Paramount rights not affected

 Nothing herein contained shall be construed so as to injure, prejudice, defeat or destroy the estate, right, or title of any person claiming a tract of land, or any part thereof, or any piece or lot of land by title under any other person, or title paramount to the title of the joint tenants, tenants in common, or coparceners, among whom partition may have been made.
MS Code § 11-21-43 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 21 - Partition of Property|Realty|§ 11-21-43. Party evicted to have partition of residue

 If any person who has received a share of land partitioned, shall be evicted therefrom, or from any portion thereof, by a paramount title existing at the time of the partition, and there be a residue of land left not subject to such paramount title, the party so evicted shall be entitled to a new partition of the residue.
MS Code § 11-21-45 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 21 - Partition of Property|Realty|§ 11-21-45. New partition; when

 Where the partition was in kind, any joint tenant, tenant in common, or coparcener shall be entitled to a new partition at any time within one year after the first partition, provided, he shall present his sworn petition for that purpose to the chancery court which decreed the partition and shall show thereby (a) that at the time of the partition he was absent from, or a nonresident of the state, and (b) that neither he nor any agent of his received any notice or knowledge whatever of the pendency of the bill for partition, and (c) that the first partition was unfair or unjust or fraudulent as to him, and (d) shall exhibit with said petition the affidavit of at least one credible person to the same effect. Whereupon, if satisfied with the truth of all the grounds aforesaid, the court may proceed to award a new partition; but one who has made improvements on the share first assigned him shall not be evicted from such share; nor shall the improvements be estimated by the second commissioners in fixing its value, but it shall be valued as though the improvements had not been made. If the premises have been sold, and purchased by any of the joint tenants, tenants in common, or coparceners, the nonresident or absent joint tenant, tenant in common or coparcener shall be entitled to set aside such sale at any time within one year thereafter, if it can be shown to have been unfairly made, and fraudulent as to him. In proceedings under this section, all persons interested shall be summoned to appear and contest the application.
MS Code § 11-21-71 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 21 - Partition of Property|Personalty|§ 11-21-71. Partition of personalty

 Any person entitled to a division of personal property may apply therefor to the chancery court of the proper county, subject to the foregoing provisions of Sections 11-21-1 through 11-21-45 in reference to land, as far as applicable, considering the difference in the kind of property; and a sale or a division may be ordered in such cases, as provided for in case of land which is incapable of equal division, or which it may be to the interest of the parties to sell, and the court shall have power to make all such orders as may be necessary to protect the rights of parties. And any sale or partition ordered in such cases shall be made and reported as in case of the sale or partition of land; and decrees making partition shall vest title according to their terms. In such cases, the court or chancellor may make all orders, and cause to be issued all process necessary to secure the rights of parties; and writs of sequestration may be issued as provided for in any other cases in which they are authorized.
MS Code § 11-21-73 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 21 - Partition of Property|Personalty|§ 11-21-73. Partition by county court or justice court

 A tenant in common of personal property, not exceeding in value the amount provided in Section 9-11-9, may apply for a partition of it by petition in writing to the county court of the county in which the property or some part of it may be, or, in counties not having a county court, to the justice court of the county in which the property or some part of it may be. Thereupon, all the cotenants shall be summoned and the rights of parties ascertained, and an order made for a division of the property. If the property be incapable of division in kind according to the several interests, or if a sale and division of the proceeds will better promote the interests of parties, the county court or justice court, as the case may be, shall order a sale and a division of its proceeds, and may designate a person to make the sale, and may issue execution specially framed to that end, and make all orders necessary or proper to protect the rights of parties and to effect a sale and division of the proceeds.
MS Code § 11-21-75 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 21 - Partition of Property|Personalty|§ 11-21-75. By whom partition made, if ordered

 If partition be ordered, it shall be made by the county court or the justice of the peace, as the case may be, who shall value the property and divide it equally into as many shares as there are separate owners, and allot the several shares to the different owners after the manner prescribed for the proceeding of commissioners to make partition of real estate, as nearly as may be. A statement of such allotment shall be made by the county judge or the justice on his docket, so as to show what property was allotted to each party. The allotment shall vest the title of the property in the parties to whom it is allotted.
MS Code § 11-21-77 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 21 - Partition of Property|Personalty|§ 11-21-77. Writ to seize property, and proceedings

 If the petitioner make affidavit at the commencement of his suit, or afterwards, of his right as a tenant in common, and that there is danger of the removal of the property, so as to defeat or endanger his right, the county court or the justice of the peace, as the case may be, shall issue a writ for the seizure of the property; and if the person having it in possession will not give a bond with sufficient sureties, approved by the officer executing the writ, conditioned to have the property forthcoming to abide the final order which shall be made in the case, payable to the petitioner, in a sum sufficient to cover his interest in the property, it shall be delivered to petitioner on his giving a bond, payable to the person from whom it was taken, with sufficient sureties, approved as above provided, in a penalty equal to the value of the interest of such person, conditioned to have the property before the county court or the justice of the peace, as the case may be, to abide the final order in the case; but if neither party give the required bond, the property shall remain in the hands of the officer, unless it be perishable or expensive to keep, in which case it shall be sold, as such property seized under attachment is sold, and the proceeds of the sale shall be disposed of according to the rights of the parties.
MS Code § 11-21-79 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 21 - Partition of Property|Personalty|§ 11-21-79. Sale; how made when ordered

 A sale of property ordered by the county court or a justice of the peace, as the case may be, to be made for a division of the proceeds shall be made for cash and on such notice and at such place as sales of like property are made under execution issued by the county court or a justice of the peace, and the money arising from the sale shall be paid to the county court or the justice of the peace, as the case may be, for division among the parties.
MS Code § 11-21-81 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 21 - Partition of Property|Personalty|§ 11-21-81. Appeal to the circuit court

 A person aggrieved may appeal from the judgment of the county court or the justice of the peace, as the case may be, in refusing or ordering a sale or partition, or in making partition, or from any final action of the county court or the justice of the peace, as the case may be, as in any other civil case decided by the county court or a justice of the peace. On appeal, the circuit court may give such judgment as may be right.
MS Code § 11-25-1 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 25 - Unlawful Entry and Detainer|Article 1 - Proceedings Before Justice Court|§ 11-25-1. In what cases a remedy

 Any one deprived of the possession of land by force, intimidation, fraud, stratagem, stealth, and any landlord, vendor, vendee, mortgagee, or trustee, or cestui que trust, or other person against whom the possession of land is withheld, by his tenant, vendee, vendor, mortgagor, grantor, or other person, after the expiration of his right by contract, express or implied, to hold possession, and the legal representatives or assigns of him who is so deprived of possession, or from whom possession is so withheld, as against him who so obtained possession, or withholds possession after the expiration of his right, and all persons claiming to hold under him, shall, at any time within one year after such deprivation or withholding of possession, be entitled to the summary remedy herein prescribed.
MS Code § 11-25-3 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 25 - Unlawful Entry and Detainer|Article 1 - Proceedings Before Justice Court|§ 11-25-3. Purchaser at sale for taxes

 The purchaser of land at a sale for taxes, or his vendee, after two years from the date of the sale for taxes, and within three years from such date, may bring the action of unlawful detainer, for the recovery of possession of the land; and a judgment in his favor in the action shall be a bar to any action in any court brought after one year from the date of such judgment, to controvert the tax title to the land, saving the rights of infants and persons of unsound mind to redeem the same.
MS Code § 11-25-5 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 25 - Unlawful Entry and Detainer|Article 1 - Proceedings Before Justice Court|§ 11-25-5. The complaint

 The party turned out of possession, or held out of possession, may exhibit his complaint before the clerk of the justice court of the county within which the lands, or some part thereof, may lie, to the following effect:   "County of , to wit: "AB, of said county, complains that CD hath unlawfully turned him out of possession (or unlawfully withholds from him the possession) of certain land (here describe it), lying and being in the said county, whereof he prays the possession. AB, Plaintiff." The complaint shall be verified by the oath or affirmation of the plaintiff, certified at the foot thereof, after the following manner: "County of , to wit: "This day the above-named AB made oath (or affirmed) before me, the clerk of the justice court for said county, that the allegations of the above complaint are correct and true. "Given under my hand, this day of , A.D. . EF, Clerk of the Justice Court."   Click to view
MS Code § 11-25-7 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 25 - Unlawful Entry and Detainer|Article 1 - Proceedings Before Justice Court|§ 11-25-7. The warrant

 The clerk of the justice court before whom the complaint is made shall thereupon issue a warrant to the following effect:   "The State of Mississippi "To the Sheriff of County: "WHEREAS, AB hath made complaint on oath (or affirmation), before me, the clerk of the justice court for the said county, that CD hath unlawfully turned him out of possession (or unlawfully withholds from him the possession) of certain land (here describe it), lying and being in the said county, and hath prayed the possession thereof, this is therefore to command you to summon the said CD to appear at (which shall be at the usual place of holding the justice court of the justice court judge to whom the case is assigned), on the day of , before said justice court judge, to answer to the complaint, and have then there this warrant. "Witness my hand, this day of . EF, Clerk of the Justice Court"   Click to view
MS Code § 11-25-11 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 25 - Unlawful Entry and Detainer|Article 1 - Proceedings Before Justice Court|§ 11-25-11. How warrant directed and executed

 The warrant shall be directed to the sheriff or any constable of the proper county, as the case may require, and shall be made returnable on a day certain, not less than five (5) days nor more than twenty (20) days after its date, and shall be forthwith executed by the proper officer on the defendant, in the same manner as a summons is required to be served, by delivering a copy, and he shall make due return to the justice court judge to whom the case is assigned, at the time and place therein mentioned, of the manner in which he shall have executed the same.
MS Code § 11-25-13 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 25 - Unlawful Entry and Detainer|Article 1 - Proceedings Before Justice Court|§ 11-25-13. Witnesses subpoenaed

 At any time after the warrant is issued, the clerk of the justice court or the justice court judge to whom the case is assigned may, upon application of either party, issue subpoenas for witnesses, requiring them to attend court before the justice court judge to whom the case is assigned at the time appointed, to give evidence on the trial.
MS Code § 11-25-15 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 25 - Unlawful Entry and Detainer|Article 1 - Proceedings Before Justice Court|§ 11-25-15. Depositions to be taken

 Depositions may be taken to be read on the trial, in the same manner and under the same circumstances as in cases before justices of the peace.
MS Code § 11-25-17 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 25 - Unlawful Entry and Detainer|Article 1 - Proceedings Before Justice Court|§ 11-25-17. The court

 It shall be the duty of the justice court judge to whom the case is assigned, on the days specified, to hold a court for the trial of the complaint. The court shall be considered a court of record. It shall have power to issue alias writs for the defendant, and all proper process to bring before it witnesses or other persons whose attendance may be lawfully required; and may adjourn from day to day and from time to time until the trial shall be ended. The sheriff or constable, as the case may require, shall be attendant upon the court and execute its orders.
MS Code § 11-25-19 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 25 - Unlawful Entry and Detainer|Article 1 - Proceedings Before Justice Court|§ 11-25-19. The trial

 If on the day of court and at the place designated, it appears that the defendant has been duly served with the warrant, the justice court judge shall proceed, without further pleadings in writing, to the trial of the complaint.
MS Code § 11-25-21 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 25 - Unlawful Entry and Detainer|Article 1 - Proceedings Before Justice Court|§ 11-25-21. Rent recoverable

 The plaintiff may, on the trial, claim and establish by evidence, any amount due for arrears of rent of the land of which possession is sought, or a reasonable compensation for the use and occupation thereof; and the justice court judge shall find, upon the evidence, the arrears of rent or reasonable compensation, and may give judgment against the defendant in the action for such arrears of rent or reasonable compensation, and award a writ of fieri facias thereon.
MS Code § 11-25-23 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 25 - Unlawful Entry and Detainer|Article 1 - Proceedings Before Justice Court|§ 11-25-23. Judgment for plaintiff and writ of possession

 If the finding be for the plaintiff, the justice court judge shall render judgment in favor of the plaintiff that he recover possession of the land, with costs, and shall award a writ of habere facias possessionem; and the justice court judge may issue alias writs and enforce the judgment and punish for contempt of process thereon; but a writ of habere facias possessionem or execution shall not issue within five (5) days from the date of the judgment.
MS Code § 11-25-25 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 25 - Unlawful Entry and Detainer|Article 1 - Proceedings Before Justice Court|§ 11-25-25. Growing crops

 In case of forfeiture under contract of purchase, the purchaser, and in case of foreclosure of deeds in trust or mortgages, the mortgagor shall be entitled to cultivate and gather the crops, if any, planted by him and grown or growing on the premises at the time of the commencement of the suit; and shall, after eviction therefrom have the right to enter thereon for the purpose of completing the cultivation and removing the crops, first paying or tendering to the party entitled to the possession a reasonable compensation for the use of the land. The court may, on demand of the defendant, adjudge the sum to be paid or tendered.
MS Code § 11-25-27 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 25 - Unlawful Entry and Detainer|Article 1 - Proceedings Before Justice Court|§ 11-25-27. Judgment for defendant for costs

 If the finding be in favor of the defendant, the justices shall render judgment against the plaintiff that his complaint be dismissed, and the defendant recover of him full costs. The judgment of the justices, either in favor of the plaintiff or the defendant, shall be executed in the same manner as the judgment of any other court of record.
MS Code § 11-25-31 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 25 - Unlawful Entry and Detainer|Article 1 - Proceedings Before Justice Court|§ 11-25-31. Judgment not conclusive in another action

 A judgment rendered in a suit of unlawful entry or detainer, either for the plaintiff or defendant, shall not bar any action in the circuit court between the same parties, respecting the same land; nor shall any judgment given therein be held conclusive of the facts found in any other action between the same parties.