reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 3 - EXEMPT PROPERTY (§§ 85-3-1 — 85-3-52) › Section 85-3-29 - Homestead declaration; recording

The clerk shall file, certify, record, and alphabetically index the declaration, in the same manner as deeds are required to be, and with like effect in all respects, and under like penalties.
Codes, 1892, § 1974; 1906, § 2150; Hemingway's 1917, § 1825; 1930, § 1769; 1942, § 321.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 3 - EXEMPT PROPERTY (§§ 85-3-1 — 85-3-52) › Section 85-3-31 - Homestead designated by law when not selected

The homestead of every citizen entitled to such an exemption who shall not select or who has improperly selected his homestead by declaration, shall be, namely: A tract of land in the form of, first, a square, or second, a parallelogram, if practicable, and composed, if practicable, of contiguous parcels, and including the dwelling house, and, if practicable, the other principal buildings, and not to exceed one hundred sixty (160) acres in area, nor Seventy-five Thousand Dollars ($75,000.00) in value. And in all cases where the homestead may be composed of detached parcels of land, it shall be made up of those nearest the forty (40) acre or other less tract containing the dwelling house.
Codes, 1892, § 1975; 1906, § 2151; Hemingway's 1917, § 1826; 1930, § 1770; 1942, § 322; Laws, 1970, ch. 323, § 4; Laws, 1979, ch. 447, § 4; Laws, 1991, ch. 479, § 4; eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 3 - EXEMPT PROPERTY (§§ 85-3-1 — 85-3-52) › Section 85-3-33 - Heirs may designate homestead

In all cases where a deceased person has left a widow or husband, as the case may be, or other heirs at law, then such widow or husband or other heirs at law, or both, who may be entitled by law to inherit from the deceased person, shall be entitled to have the homestead exempt, whether selected, designated or declared for by said decedent in his lifetime or not, and such person or persons so entitled to inherit by law may select, designate or declare for such homestead on or any of the real property of which said decedent died seized and possessed, and have the same set apart to them, or either of them, as the homestead of the decedent.
Codes, 1892, § 1975; 1906, § 2151; Hemingway's 1917, § 1826; 1930, § 1770; 1942, § 322; Laws, 1970, ch. 323, § 4, eff. 7/1/1970.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 3 - EXEMPT PROPERTY (§§ 85-3-1 — 85-3-52) › Section 85-3-35 - Allotment of homestead; selection of householders or freeholders to set off portion of land

If the land on which the person claiming the exemption resides exceeds one hundred sixty (160) acres in quantity or Seventy-five Thousand Dollars ($75,000.00) in value, inclusive of improvements, and a proper selection of a homestead has not been made and filed for record, the officer holding an execution against such persons, and not finding other property to satisfy the same, shall levy the execution on the whole land, and shall notify the defendant, if to be found, and the plaintiff or his attorney, if in his county, each to select one (1) householder or freeholder; and each party may select one (1), and inform the officer of his selection, and the officer shall select a third; or, if defendant or plaintiff or his attorney be absent from the county, or if he shall not make a selection, or if the person selected will not act, the officer shall select the three (3) householders or freeholders, who, on oath to be administered by him, shall set off to such person a portion of the land, embracing the dwelling house and outhouses and not exceeding one hundred sixty (160) acres in quantity nor Seventy-five Thousand Dollars ($75,000.00) in value, and the allotment, distinctly indicated by metes and bounds or other sufficient description, shall be returned with the execution; and the levy of the execution shall be dismissed as to the part so allotted; and the officer may advertise and sell the remainder of the land. In making such allotment, the homestead shall be laid off as designated by law in case of the debtor's failure to select his homestead and file his declaration thereof for record.
Codes, 1857, ch. 61, art. 282; 1871, § 2136; 1880, § 1251; 1892, § 1976; 1906, § 2152; Hemingway's 1917, § 1827; 1930, § 1771; 1942, § 323; Laws, 1970, ch. 323, § 5; Laws, 1979, ch. 447, § 5; Laws, 1991, ch. 479, § 5, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 3 - EXEMPT PROPERTY (§§ 85-3-1 — 85-3-52) › Section 85-3-37 - Allotment of homestead; premises not capable of division

If the premises be not capable of being so divided as to set off the debtor a part, including the dwelling house and not exceeding Seventy-five Thousand Dollars ($75,000.00) in value, inclusive of improvements, or if the debtor has made a valid homestead declaration, and the homestead exceeds Seventy-five Thousand Dollars ($75,000.00) in value, the householders or freeholders shall value the land, inclusive of the dwelling house and buildings; and if the surplus of the valuation, over and above the exempt value, shall, within sixty (60) days, be paid by the execution-debtor, the premises shall not be sold; but if the surplus be not paid within sixty (60) days after the valuation, the officer may advertise and sell the premises, if the same shall bring a greater sum than the exempt value; and out of the proceeds of the sale he shall pay to the execution-debtor the sum of Seventy-five Thousand Dollars ($75,000.00).
Codes, 1857, ch. 61, art. 283; 1871, § 2137, 1880, § 1252; 1892, § 1977; 1906, § 2153; Hemingway's 1917, § 1828; 1930, § 1772; 1942, § 324; Laws, 1970, ch. 323, § 6; Laws, 1979, ch. 447, § 6; Laws, 1991, ch. 479, § 6, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 3 - EXEMPT PROPERTY (§§ 85-3-1 — 85-3-52) › Section 85-3-39 - Allotment of homestead; how contested by plaintiff

If, before or after the return of the execution, the plaintiff shall file in the clerk's office from which the execution issued, or before the justice of the peace who issued it, as the case may be, an affidavit that he verily believes the allotment made to the debtor by the freeholders or householders to be incorrect, and the land so allotted by them, or some part of it, to be liable to sale under his execution, a summons shall be issued by the clerk or justice of the peace for the defendant, returnable to the next term of the court, requiring him to appear; and, on return of the summons executed, an issue shall be made up under the direction of the court and tried, as to whether the allotment were correctly and fairly made or not, and, if not, what part of the land ought to be sold under the execution; and, if it be found that any part of the land is subject to be sold, a venditioni exponas shall be issued for the sale of such part, and the plaintiff shall have judgment for costs; but if the issue be found for the defendant, he shall recover costs of the plaintiff.
Codes, 1871, § 2138; 1880, § 1253; 1892, § 1978; 1906, § 2154; Hemingway's 1917, § 1829; 1930, § 1773; 1942, § 325.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 3 - EXEMPT PROPERTY (§§ 85-3-1 — 85-3-52) › Section 85-3-41 - Allotment of homestead; how contested by defendant

If a defendant be dissatisfied with the allotment, he may make affidavit before the sale, which affidavit may be made before the officer having the execution, that he verily believes it to be incorrect, specifying wherein he believes it so, and the officer shall suspend the sale of so much as the defendant so claims, and return the affidavit with the execution to the court to which it is returnable; and a summons shall issue for plaintiff, or, if he be a non-resident of this state, for his attorney of record in the case, if he have one; and if he be non-resident, and have no attorney in this state, publication may be made as in other cases; and when the process shall have been returned executed, or publication made, an issue shall be made up, and like proceeding had as when the plaintiff had filed an affidavit of dissatisfaction; and if the issue, in whole or in part, be found in favor of defendant, judgment shall be entered accordingly, and execution may go according to the judgment.
Codes, 1871, § 2139; 1880, § 1254; 1892, § 1979; 1906, § 2155; Hemingway's 1917, § 1830; 1930, § 1774; 1942, § 326.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 3 - EXEMPT PROPERTY (§§ 85-3-1 — 85-3-52) › Section 85-3-43 - Homestead liable to debts when debtor ceases to reside thereon

Whenever the debtor shall cease to reside on his homestead, it shall be liable to his debts, unless his removal be temporary, by reason of some casualty or necessity, and with the purpose of speedily reoccupying it as soon as the cause of his absence can be removed.
Codes, 1871, § 2144; 1880, § 1256; 1892, § 1981; 1906, § 2157; Hemingway's 1917, § 1832; 1930, § 1776; 1942, § 328.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 3 - EXEMPT PROPERTY (§§ 85-3-1 — 85-3-52) › Section 85-3-45 - [Repealed]

Repealed by Laws, 1979, ch. 447, § 7, eff. 7/1/1979.
Codes, 1880, § 1259; 1892, § 1984; 1906, § 2160; Hemingway's 1917, § 1835; 1930, § 1779; 1942, § 331
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 3 - EXEMPT PROPERTY (§§ 85-3-1 — 85-3-52) › Section 85-3-47 - Property not exempt from execution

Property shall not be exempt from execution when the purchase-money thereof forms, in whole or in part, the debt on which the judgment is founded; but if the judgment be not in whole for purchase-money, and the execution be levied on property exempt but for the provisions hereof, and the exemptionist pay or tender the amount of purchase-money included in the judgment before sale, the property shall be released; nor shall any property be exempt from sale for nonpayment of taxes or assessments, or for any labor done thereon, or materials furnished therefor, or when the judgment is for labor performed or upon a forfeited recognizance or bail bond.
Codes, 1857, ch. 61, art. 284; 1871, § 2142; 1880, § 1255; 1892, § 1980; 1906, § 2156; Hemingway's 1917, § 1831; 1930, § 1775; 1942, § 327.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 3 - EXEMPT PROPERTY (§§ 85-3-1 — 85-3-52) › Section 85-3-49 - Exempt property may be disposed of

The exempt property, real or personal, disposed of by the owner, shall not by disposal become liable to the debts of the owner; and any debtor leaving this state may take with him his personal property which is exempt from execution.
Codes, 1871, § 2143; 1880, § 1257; 1892, § 1982; 1906, § 2158; Hemingway's 1917, § 1833; 1930, § 1777; 1942, § 329.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 3 - EXEMPT PROPERTY (§§ 85-3-1 — 85-3-52) › Section 85-3-51 - Exemptions allowed to residents only

The exemptions in this chapter shall be allowed in favor of residents of this state only.
Codes, 1892, § 1986; 1906, § 2162; Hemingway's 1917, § 1838; 1930, § 1781; 1942, § 333.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 3 - EXEMPT PROPERTY (§§ 85-3-1 — 85-3-52) › Section 85-3-52 - Judgment or claim of another state or political subdivision for failure to pay income tax on pension or retirement benefits

(1)
A judgment or claim in favor of another state or political subdivision of another state for failure to pay that state's or that political subdivision's income tax on benefits received from a pension or other retirement plan shall not be a lien on any property in this state, real, personal or mixed, that is owned by a resident of this state.
(2)
As used in this section, "pension or other retirement plan" includes:
(a)
An annuity, pension, or profit-sharing or stock bonus or similar plan established to provide retirement benefits for an officer or employee of a public or private employer or for a self-employed individual;
(b)
An annuity, pension, or military retirement pay plan or other retirement plan administered by the United States; and
(c)
An individual retirement account.
Laws, 1995, ch. 565, § 2, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 5 - JOINT AND SEVERAL DEBTORS (§§ 85-5-1 — 85-5-7) › Section 85-5-1 - Effect of releasing one or more joint debtors

In all cases of joint or joint and several indebtedness, the creditor may settle or compromise with and release any one or more of such debtors; and the settlement or release shall not affect the right or remedy of the creditor against the other debtors for the amount remaining due and unpaid, and shall not operate to release any of the others of the said debtors; and all mortgages or securities for the said indebtedness shall remain in full force against the debtors not released, in favor of the creditor, and also in favor of such of the debtors as may be entitled to contribution, payment, or reimbursement from others of said debtors, and the right of payment, contribution or reimbursement, as among themselves, shall not be affected by this section; and if any debtor, so released, shall have paid more than his ratable share of the whole debt, the whole amount paid by him shall be credited, and if less than his ratable share, then the full amount of his ratable share shall be credited, and the other debtors shall be liable for the residue.
Codes, Hutchinson's 1848, ch. 38, art. 11; 1857, ch. 47, art. 1; 1871, § 2263; 1880, § 1003; 1892, § 2352; 1906, § 2682; Hemingway's 1917, § 2169; 1930, § 2027; 1942, § 334.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 5 - JOINT AND SEVERAL DEBTORS (§§ 85-5-1 — 85-5-7) › Section 85-5-3 - Judgment against one debtor does not affect rights against others

In any action founded on a joint or joint and several bond, covenant, bill of exchange, promissory note, or other contract, or on a contract or liability of copartners, it shall be lawful to sue any one or more of the parties liable on such bond, covenant, bill of exchange, promissory note, or other contract or liability; and separate suits may be brought against the representatives of such of the parties as have died, or joint suits may be brought against the representatives of the deceased party and those who are alive and bound therein; and the rendition of judgment against one or more joint or joint and several debtors shall not affect any right of the plaintiff as to the other parties, unless satisfaction has been obtained.
Codes, 1880, § 1134; 1892, § 2353; 1906, § 2683; Hemingway's 1917, § 2170; 1930, § 2028; 1942, § 335.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 5 - JOINT AND SEVERAL DEBTORS (§§ 85-5-1 — 85-5-7) › Section 85-5-5 - [Repealed]

Repealed by Laws, 1989, ch. 311, § 6, eff. 7/1/1989.
Codes, 1942, § 335.5; Laws, 1952, ch. 259.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 5 - JOINT AND SEVERAL DEBTORS (§§ 85-5-1 — 85-5-7) › Section 85-5-7 - Limitation of joint and several liability for damages caused by two or more persons; contribution between joint tortfeasors; determination of percentage of fault; liability of medical defendants for economic and noneconomic damages

(1)
As used in this section, "fault" means an act or omission of a person which is a proximate cause of injury or death to another person or persons, damages to property, tangible or intangible, or economic injury, including, but not limited to, negligence, malpractice, strict liability, absolute liability or failure to warn. Except as otherwise provided in this subsection (1), "fault" shall not include any tort which results from an act or omission committed with a specific wrongful intent. For any premises-liability action, as defined under Section
11-1-66.1(7)
, alleging injury as a result of the willful, wanton or intentional tortious conduct of a third party on commercial or other real property in the State of Mississippi, "fault" shall include any tort which results from an act or omission committed with a specific wrongful intent.
(2)
Except as otherwise provided in subsection (4) of this section, in any civil action based on fault, the liability for damages caused by two (2) or more persons shall be several only, and not joint and several and a joint tortfeasor shall be liable only for the amount of damages allocated to him in direct proportion to his percentage of fault. In assessing percentages of fault an employer and the employer's employee or a principal and the principal's agent shall be considered as one (1) defendant when the liability of such employer or principal has been caused by the wrongful or negligent act or omission of the employee or agent.
(3)
Nothing in this section shall eliminate or diminish any defenses or immunities which currently exist, except as expressly noted herein.
(4)
Joint and several liability shall be imposed on all who consciously and deliberately pursue a common plan or design to commit a tortious act, or actively take part in it. Any person held jointly and severally liable under this section shall have a right of contribution from his fellow defendants acting in concert.
(5)
In actions involving joint tortfeasors, the trier of fact shall determine the percentage of fault for each party alleged to be at fault without regard to whether the joint tortfeasor is immune from damages. Fault allocated under this subsection to an immune tortfeasor or a tortfeasor whose liability is limited by law shall not be reallocated to any other tortfeasor.
(6)
Nothing in this section shall be construed to create a cause of action. Nothing in this section shall be construed, in any way, to alter the immunity of any person.
Laws, 1989, ch. 311, § 1; Laws, 2002, 3rd Ex Sess, ch. 2, § 4; Laws, 2002, 3rd Ex Sess, ch. 4, § 3; Laws, 2004, 1st Ex Sess, ch. 1, § 6, eff. 9/1/2004.
Amended by Laws, 2019, ch. 435, SB 2901,§ 2, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 1 - CROPS, ADVANCES, LUMBER, TIMBER, FOALS, CALVES AND WATER CRAFT (§§ 85-7-1 — 85-7-53) › LIENS ON CROPS, ADVANCES, LUMBER, TIMBER, FOALS, CALVES AND WATER CRAFT (§§ 85-7-1 — 85-7-9) › Section 85-7-1 - Employer and employees; lien on crops

(1)
Every employer shall have a lien on the share or interest of his employee in any crop made under such employment, for all advances of money, and for the fair market value of other things advanced by him, or anyone at his request, for supplies for himself, his family and business during the existence of such employment, which lien the employer may offset, recoup, or otherwise assert and maintain.
(2)
Every employee, laborer, cropper, part owner, overseer or manager, or other person who may aid by his labor to make, gather, or prepare for sale or market any crop, shall have a lien on the interest of the person who contracts with him for such labor for his wages, share or interest in such crop, whatever may be the kind of wages or the nature of the interest, which lien such employee, laborer, cropper, part owner, overseer or manager, or other person may offset, recoup or otherwise assert and maintain.
(3)
Except as provided in subsection (4) of this section, any lien arising under the provisions of this section shall be paramount to all liens and encumbrances or rights of any kind created by or against the person so contracting for such assistance when perfected in accordance with Uniform Commercial Code Article 9 - Secured Transactions (Section
75-9-101
et seq.), except the lien of the lessor of the land on which the crop is made, for rent and supplies furnished, as provided in the chapter on "Landlord and Tenant," appearing as Chapter 7 of Title 89, Mississippi Code of 1972.
(4)
Any lien arising under the provisions of subsection (2) of this section in favor of any person other than an employee, laborer, cropper, part owner, overseer or manager as to crops or the proceeds thereof shall be effective against a third party only for a period of twenty-one (21) days from and after the time the labor is completed, unless within such period of time the lien is perfected in accordance with Uniform Commercial Code Article 9 - Secured Transactions (Section
75-9-101
et seq.). Any such lien in favor of any person other than an employee, laborer, cropper, overseer or manager which has not been perfected within the twenty-one-day period as herein provided shall, upon subsequent perfection of such lien, have the priority as against a third party to which a perfected security interest may be entitled under Uniform Commercial Code Article 9 - Secured Transactions (Section
75-9-101
et seq.).
Codes, 1880, § 1360; 1892, § 2682; 1906, § 3042; Hemingway's 1917, § 2400; 1930, § 2238; 1942, § 336; Laws, 1894, ch. 71; Laws, 1985, ch. 492; Laws, 2001, ch. 495, § 33, eff. 1/1/2002.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 1 - CROPS, ADVANCES, LUMBER, TIMBER, FOALS, CALVES AND WATER CRAFT (§§ 85-7-1 — 85-7-53) › LIENS ON CROPS, ADVANCES, LUMBER, TIMBER, FOALS, CALVES AND WATER CRAFT (§§ 85-7-1 — 85-7-9) › Section 85-7-3 - Sawmill employees and timber men; lien on lumber and timber

Every employee or laborer of an employer engaged in the operation of a sawmill or planing mill or in cutting and shipping or rafting timber shall have a lien on all such lumber and timber for his wages due by such employer in preference to all other debts of the said employer; but such lien shall take effect as to purchases or incumbrances for a valuable consideration without notice thereof only from the time of commencing judicial proceedings to enforce the lien, and unless such proceedings have been begun the said lien shall expire six (6) months after the claim is due.
Codes, Hemingway's 1917, §§ 2415, 2416, 2417; 1930, § 2240; 1942, § 338; Laws, 1908, ch. 131; Laws, 1922, ch. 282.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 1 - CROPS, ADVANCES, LUMBER, TIMBER, FOALS, CALVES AND WATER CRAFT (§§ 85-7-1 — 85-7-53) › LIENS ON CROPS, ADVANCES, LUMBER, TIMBER, FOALS, CALVES AND WATER CRAFT (§§ 85-7-1 — 85-7-9) › Section 85-7-5 - Owner of stallion, jackass, or bull; lien on foal or calf

The owner of a stallion, jackass or bull shall have a lien on each foal begotten by his stallion or jackass, and on each calf begotten by his bull, for the price agreed to be paid therefor, and such lien shall be prior to all other incumbrances on such foal or calf and shall bind the same even in the hands of subsequent purchasers and encumbrancers for a valuable consideration without notice; but the said lien shall expire twelve months after the birth of said foal or calf unless within that time judicial proceedings have been begun to enforce the lien. If the owner shall have falsely represented the breeding, registration, or pedigree of his stallion, jackass or bull, by advertisement or otherwise, he shall not have a lien on the foal begotten by such stallion or jackass, or on the calf of such bull, as against any person who acted under the belief that such representation was true; and, in such case, the owner of the animal shall not have any claim for the service of the stallion, jackass, or bull.
Codes, 1880, § 1394; 1892, §§ 2716, 2717, 2718; 1906, §§ 3076, 3077, 3078; Hemingway's 1917, §§ 2439, 2440, 2441; 1930, § 2241; 1942, § 339; Laws, 1888, p. 90; Laws, 1934, ch. 312; Laws, 1936, ch. 295.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 1 - CROPS, ADVANCES, LUMBER, TIMBER, FOALS, CALVES AND WATER CRAFT (§§ 85-7-1 — 85-7-53) › LIENS ON CROPS, ADVANCES, LUMBER, TIMBER, FOALS, CALVES AND WATER CRAFT (§§ 85-7-1 — 85-7-9) › Section 85-7-7 - Water craft; work, materials, supplies, etc

There shall be a lien on all ships, steamboats and other water craft for work done or materials supplied by any person in this state for or concerning the building, repairing, fitting, furnishing, supplying or victualing such ships, steamboats or other water craft, and for the wages of the persons employed on board such vessel, boat, or craft, for work done or services rendered, in preference to all other debts due and owing from the owners thereof. The said lien shall expire six (6) months after the claim is due, unless judicial proceedings have been commenced to assert it.
Codes, 1880, § 1395; 1892, § 2725; 1906, § 3085; Hemingway's 1917, §§ 2445, 2447; 1930, § 2242; 1942, § 340.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 1 - CROPS, ADVANCES, LUMBER, TIMBER, FOALS, CALVES AND WATER CRAFT (§§ 85-7-1 — 85-7-53) › LIENS ON CROPS, ADVANCES, LUMBER, TIMBER, FOALS, CALVES AND WATER CRAFT (§§ 85-7-1 — 85-7-9) › Section 85-7-9 - Water craft; municipal dockage, wharfage, or anchorage charges

(1)
There shall be a lien on all skiffs, yachts, and other water craft in favor of any municipality operating a small craft or yacht harbor or basin for dockage, wharfage or anchorage charges for space or anchorage contracted for by the water craft or its owner or agent where the charge for such space or anchorage is made for a period of time without regard to the actual time such skiff, yacht or other water craft is actually docked or anchored to the dock, wharf, or at the mooring place in the basin. Such lien shall be paramount to all other debts due and owing by such water craft, or the owner thereof, or other lien thereon, except as provided by Section
85-7-7
.
(2)
The lien, by this section provided, shall be enforced as provided by Sections
85-7-31
through
85-7-53
, inclusive.
Codes, 1942, § 340-01; Laws, 1946, ch. 290, §§ 1, 2.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 1 - CROPS, ADVANCES, LUMBER, TIMBER, FOALS, CALVES AND WATER CRAFT (§§ 85-7-1 — 85-7-53) › SUITS TO ENFORCE LIENS ON CROPS, ADVANCES, LUMBER, TIMBER, FOALS, CALVES AND WATER CRAFT (§§ 85-7-31 — 85-7-53) › Section 85-7-31 - Commencement of suit

A person having any lien in Sections
85-7-1
through
85-7-9
may enforce the same by making affidavit before any officer authorized to administer oaths of any county where the subject-matter of the lien may be, describing therein the property sought to be subjected, setting forth his claim, share or interest therein, and asserting his lien thereon, with an itemized account of his demand, and giving the names of the persons interested therein, and of those, if any, who have a like or other claim or interest in such property; whereupon the clerk or justice shall issue a writ directed to the proper officer and returnable to the proper court, commanding the officer to seize the property, or so much thereof as may be necessary to satisfy the plaintiff's demand and costs, and to summon the persons named in the affidavit as interested therein, to appear in the court designated, at the time fixed, to answer the complaint.
Codes, 1880, §§ 1363, 1364; 1892, § 2684; 1906, § 3044; Hemingway's 1917, § 2402; 1930, § 2243; 1942, § 341.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 1 - CROPS, ADVANCES, LUMBER, TIMBER, FOALS, CALVES AND WATER CRAFT (§§ 85-7-1 — 85-7-53) › SUITS TO ENFORCE LIENS ON CROPS, ADVANCES, LUMBER, TIMBER, FOALS, CALVES AND WATER CRAFT (§§ 85-7-31 — 85-7-53) › Section 85-7-33 - Non-resident or unknown parties

If any party in interest be a non-resident of the state, or his whereabouts be unknown, he may be made a party to the suit and be proceeded against as in case of suits by attachment against such persons.
Codes, 1880, § 1370; 1892, § 2690; 1906, § 3050; Hemingway's 1917, § 2408; 1930, § 2244; 1942, § 342.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 1 - CROPS, ADVANCES, LUMBER, TIMBER, FOALS, CALVES AND WATER CRAFT (§§ 85-7-1 — 85-7-53) › SUITS TO ENFORCE LIENS ON CROPS, ADVANCES, LUMBER, TIMBER, FOALS, CALVES AND WATER CRAFT (§§ 85-7-31 — 85-7-53) › Section 85-7-35 - Precedents

Affidavits and writs in the form of the following precedents shall be sufficient in cases of employer and employee, and in other cases the form shall vary so as to conform to the facts.
Codes, 1880, § 1373; 1892, § 2693; 1906, § 3053; Hemingway's 1917, § 2411; 1930, § 2245; 1942, § 343.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 1 - CROPS, ADVANCES, LUMBER, TIMBER, FOALS, CALVES AND WATER CRAFT (§§ 85-7-1 — 85-7-53) › SUITS TO ENFORCE LIENS ON CROPS, ADVANCES, LUMBER, TIMBER, FOALS, CALVES AND WATER CRAFT (§§ 85-7-31 — 85-7-53) › Section 85-7-37 - Affidavit

"State of Mississippi, ____________________ County
"Before me, ____________________, a justice of the peace of the said county, ____________________ makes oath that he was employed by ____________________ during the year A. D. ____________________, as a laborer, and as such, and under his employment, assisted to make a crop of cotton and corn, which yielded ____________________ bales of cotton and ____________________ bushels of corn, which are now in the possession of ____________________, and the same is at ____________________, in said county; and that affiant is, by his contract and services, entitled to one-half of said cotton and corn, the same being of the value of ____________________ dollars, which the said ____________________ withholds from him [or whatever may be the claim]. Affiant claims a lien on all of said cotton and corn for the recovery of his share or interest therein, and that ____________________ and ____________________ claim a like lien thereon. Affiant prays process according to law.
"____________________ "
"Sworn to and subscribed before me, the ____________________ day of ____________________, A. D.
"____________________, J. P."
Codes, 1880, § 1374; 1892, § 2694; 1906, § 3054; Hemingway's 1917, § 2412; 1930, § 2246; 1942, § 344.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 1 - CROPS, ADVANCES, LUMBER, TIMBER, FOALS, CALVES AND WATER CRAFT (§§ 85-7-1 — 85-7-53) › SUITS TO ENFORCE LIENS ON CROPS, ADVANCES, LUMBER, TIMBER, FOALS, CALVES AND WATER CRAFT (§§ 85-7-31 — 85-7-53) › Section 85-7-39 - Writ; form

"The State of Mississippi.
"To any lawful officer of ____________________ county:
"We command you forthwith to take into your possession and dispose of, according to law, ____________________ bales of cotton and ____________________ bushels of corn, now in the possession of ____________________, believed to be at ____________________, in your county, as it is said, or so much thereof as will be sufficient to satisfy the claim of ____________________, who asserts an interest therein to the extent of one-half thereof, which he avers is of the value of ____________________ dollars [or who claims a lien thereon for ____________________ dollars, alleged to be due him for his wages as a laborer in producing said articles, or whatever the claim may be, as set forth in the affidavit], for his labor in producing said articles, and summon the said ____________________ [and any others shown by the affidavit to have an adverse claim to said articles] to appear before the undersigned, a justice of the peace of said county, at ____________________, on ____________________, the ____________________ day of ____________________ A. D. ____________________, at ____________________ o'clock, ____________________.M., to answer said claim, and have this writ there then.
"Witness my hand, the ____________________ day of ____________________, A. D. ____________________.
"____________________, J. P."
Codes, 1880, § 1375; 1892, § 2695; 1906, § 3055; Hemingway's 1917, § 2413; 1930, § 2247; 1942, § 345.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 1 - CROPS, ADVANCES, LUMBER, TIMBER, FOALS, CALVES AND WATER CRAFT (§§ 85-7-1 — 85-7-53) › SUITS TO ENFORCE LIENS ON CROPS, ADVANCES, LUMBER, TIMBER, FOALS, CALVES AND WATER CRAFT (§§ 85-7-31 — 85-7-53) › Section 85-7-41 - Writ; where returnable

The writ shall be returnable before the justice of the peace who issued it or some other justice of the peace, if the principal of the sum claimed does not exceed Two Hundred Dollars ($200.00), and, if it does, it shall be returnable to the circuit court; and in such case the affidavit shall be filed, by the officer who issued the writ, in the office of the clerk of the circuit court, on or before the return day of the writ.
Codes, 1880, § 1365; 1892, § 2685; 1906, § 3045; Hemingway's 1917, § 2403; 1930, § 2248; 1942, § 346.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 1 - CROPS, ADVANCES, LUMBER, TIMBER, FOALS, CALVES AND WATER CRAFT (§§ 85-7-1 — 85-7-53) › SUITS TO ENFORCE LIENS ON CROPS, ADVANCES, LUMBER, TIMBER, FOALS, CALVES AND WATER CRAFT (§§ 85-7-31 — 85-7-53) › Section 85-7-43 - Writ; when returnable

The writ, when returnable before a justice of the peace, may be made returnable at any time which will give the parties in interest five (5) days' notice before trial; and when returnable to the circuit court, it may be executed at any time before the first day of the term, and the cause shall be triable at such term.
Codes, 1880, § 1366; 1892, § 2686; 1906, § 3046; Hemingway's 1917, § 2404; 1930, § 2249; 1942, § 347.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 1 - CROPS, ADVANCES, LUMBER, TIMBER, FOALS, CALVES AND WATER CRAFT (§§ 85-7-1 — 85-7-53) › SUITS TO ENFORCE LIENS ON CROPS, ADVANCES, LUMBER, TIMBER, FOALS, CALVES AND WATER CRAFT (§§ 85-7-31 — 85-7-53) › Section 85-7-45 - Writ; return to wrong court not to affect the case

If the writ be made returnable to the wrong court, the case shall not be dismissed nor affected thereby, but shall be transferred to the proper court, and the cause shall be there proceeded with as if the writ had been made returnable there; and any bond given shall not be affected by such mistake, but it may be proceeded on in the proper court.
Codes, 1880, § 1367; 1892, § 2687; 1906, § 3047; Hemingway's 1917, § 2405; 1930, § 2250; 1942, § 348.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 1 - CROPS, ADVANCES, LUMBER, TIMBER, FOALS, CALVES AND WATER CRAFT (§§ 85-7-1 — 85-7-53) › SUITS TO ENFORCE LIENS ON CROPS, ADVANCES, LUMBER, TIMBER, FOALS, CALVES AND WATER CRAFT (§§ 85-7-31 — 85-7-53) › Section 85-7-47 - Replevy of property seized

The defendant, or any person interested, may give bond, with sufficient sureties, and replevy the property seized, as provided in the action of replevin; and the rights of the parties respectively to give such bond and receive the property from the officer, and the condition of the bond, the necessary changes being made, and the duty of the officer to take it and his liability thereon, and the disposition he shall make of the property if bond be not given, and the proceeding on such bond, shall be as provided for in the like case in the action of replevin; and any bond given shall inure to the person in whose favor judgment may be given in the case, as if it were payable to him.
Codes, 1880, § 1368; 1892, § 2688; 1906, § 3048; Hemingway's 1917, § 2406; 1930, § 2251; 1942, § 349.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 1 - CROPS, ADVANCES, LUMBER, TIMBER, FOALS, CALVES AND WATER CRAFT (§§ 85-7-1 — 85-7-53) › SUITS TO ENFORCE LIENS ON CROPS, ADVANCES, LUMBER, TIMBER, FOALS, CALVES AND WATER CRAFT (§§ 85-7-31 — 85-7-53) › Section 85-7-49 - Issue and judgment

Any person interested may contest the demand of the plaintiff on the return day of the writ, if returned, or on any day before the rendition of final judgment in the case, by filing a statement in writing, under oath, of his defense or claim, itemizing his account, if any he has; and the case shall be then at issue between the parties, and shall be tried as other cases in the court. And the judgment of the court shall be framed so as to adjust the rights of the several parties as to the subject-matter of the suit; and judgment may be given against the party liable thereto for any amount, and for the sale of any goods in the hands of the officer, and for any balance not obtained from the sale of the goods, to be made by execution as in other cases, and the costs may be adjudged as the court may consider just; and as many judgments shall be rendered as may be necessary to adjust the rights of the several parties.
Codes, 1880, § 1369; 1892, § 2689; 1906, § 3049; Hemingway's 1917, § 2407; 1930, § 2252; 1942, § 350.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 1 - CROPS, ADVANCES, LUMBER, TIMBER, FOALS, CALVES AND WATER CRAFT (§§ 85-7-1 — 85-7-53) › SUITS TO ENFORCE LIENS ON CROPS, ADVANCES, LUMBER, TIMBER, FOALS, CALVES AND WATER CRAFT (§§ 85-7-31 — 85-7-53) › Section 85-7-51 - Death of party not to abate suit

If any party to the suit die, it shall not abate, but may be proceeded with as in other personal actions in such case; and if any party thereto die after judgment, the same may be executed and enforced as judgments in other personal actions in such case.
Codes, 1880, § 1370; 1892, § 2691; 1906, § 3051; Hemingway's 1917, § 2409; 1930, § 2253; 1942, § 351.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 1 - CROPS, ADVANCES, LUMBER, TIMBER, FOALS, CALVES AND WATER CRAFT (§§ 85-7-1 — 85-7-53) › SUITS TO ENFORCE LIENS ON CROPS, ADVANCES, LUMBER, TIMBER, FOALS, CALVES AND WATER CRAFT (§§ 85-7-31 — 85-7-53) › Section 85-7-53 - Sale of steamboat or water craft and its effect

If the special writ of execution be for the sale of a steamboat or other water craft, the officer shall levy on, advertise and sell the same as personal property too cumbersome to be moved is levied on and sold for debt; and the purchaser shall acquire the same free from all prior encumbrances saving the rights of those having concurrent liens under this chapter.
Codes, 1892, § 2711; 1906, § 3071; Hemingway's 1917, § 2431; 1930, § 2254; 1942, § 352.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 3 - SALE OF TIMEPIECE, JEWELRY, ETC. FOR REPAIR CHARGES (§§ 85-7-71 — 85-7-81) › Section 85-7-71 - Definition

As used in Sections
85-7-71
through
85-7-81
, the term "person" shall mean a natural person, partnership, corporation, or other legal entity.
Codes, 1942, § 352.5; Laws, 1964, ch. 377, eff. 4/23/1964.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 3 - SALE OF TIMEPIECE, JEWELRY, ETC. FOR REPAIR CHARGES (§§ 85-7-71 — 85-7-81) › Section 85-7-73 - Sale of watches, jewelry, etc., left over 90 days for repairs, etc. permitted

Any watch, clock, timepiece, ring, jewelry, or other item, which has been repaired, altered, cleaned, sized, rebuilt, adjusted, or regulated, remaining in the possession of a person for a period of ninety (90) days or more, may be sold to pay reasonable or agreed charges, together with any costs or expenses provided for in Sections
85-7-71
through
85-7-81
. Provided, however, that the person to whom such charges are payable and owing shall first notify the owner or owners of the proposed sale of the articles belonging to them and the amount of the charges due thereon.
Codes, 1942, § 352.5; Laws, 1964, ch. 377, eff. 4/23/1964.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 3 - SALE OF TIMEPIECE, JEWELRY, ETC. FOR REPAIR CHARGES (§§ 85-7-71 — 85-7-81) › Section 85-7-75 - Notice to owners

The mailing by registered or certified United States mail of a letter, with a return address marked thereon, addressed to the owner or owners at their address given at the time of delivery of such articles to the person, shall constitute notice under the provisions of Sections
85-7-71
through
85-7-81
. Said notice shall be mailed at least thirty (30) days before the articles belonging to such owner or owners may be sold for charges due thereon. The cost of mailing said letter shall be added to the charges.
Codes, 1942, § 352.5; Laws, 1964, ch. 377, eff. 4/23/1964.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 3 - SALE OF TIMEPIECE, JEWELRY, ETC. FOR REPAIR CHARGES (§§ 85-7-71 — 85-7-81) › Section 85-7-77 - Sale; disposition of proceeds

If the chattel or chattels are not redeemed within thirty (30) days after the mailing of such letter, the person may sell such articles on the day and at the time and place specified in such letter. Such sales may be made either at public auction or by private sale. The proceeds of the sale in excess of the charges and necessary expenses of the procedure required by Sections
85-7-71
through
85-7-81
shall be held by the person for a period of six (6) months and if not reclaimed by the owner thereof within that time shall escheat to the county and be paid over to the chancery clerk to be placed into the general fund of the county in which the sale was held.
Codes, 1942, § 352.5; Laws, 1964, ch. 377, eff. 4/23/1964.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 3 - SALE OF TIMEPIECE, JEWELRY, ETC. FOR REPAIR CHARGES (§§ 85-7-71 — 85-7-81) › Section 85-7-79 - Notices required to be posted

All persons taking advantage of Sections
85-7-71
through
85-7-81
must keep posted at all times in a prominent place in their receiving office or offices two (2) notices which read as follows: "All watches, clocks, timepieces, rings, jewelry, or other items, which have been repaired, altered, cleaned, sized, rebuilt, adjusted, or regulated, and not called for in ninety (90) days, will be sold to pay charges."
Codes, 1942, § 352.5; Laws, 1964, ch. 377, eff. 4/23/1964.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 3 - SALE OF TIMEPIECE, JEWELRY, ETC. FOR REPAIR CHARGES (§§ 85-7-71 — 85-7-81) › Section 85-7-81 - Purpose and intent of Sections 85-7-71 through 85-7-81

The purpose and intent of Sections
85-7-71
through
85-7-81
is to provide an inexpensive means of enforcing liens for small amounts, and to that end the provisions of said sections shall be construed to create a lien in addition to, and shall not exclude, any liens which may exist by virtue of either the common law or any other statute of the State of Mississippi.
Codes, 1942, § 352.5; Laws, 1964, ch. 377, eff. 4/23/1964.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 5 - MECHANICS AND STABLEKEEPERS (§§ 85-7-101 — 85-7-107) › Section 85-7-101 - Articles constructed, manufactured or repaired; lien for labor and materials

Except as otherwise provided in Section
85-7-107
, all carriages, buggies, wagons, plows, or any article constructed, manufactured or repaired for any person, and at his instance, shall be liable for the price of the labor and material employed in constructing, manufacturing or repairing the same; and the mechanic to whom the price of said labor and material may be due shall have the right to retain possession of such things so constructed, manufactured or repaired until the price be paid; and if the same shall not be paid within thirty (30) days, he may commence his suit in any court of competent jurisdiction and upon proof of the value of the labor and materials employed in such repairs, manufacture or construction, he shall be entitled to judgment against the party for whom such labor was done or materials furnished, with costs, as in other cases, and to a special order for the sale of the property retained in his possession for the payment thereof, with costs, and to an execution, as in other cases, for the residue of what remains unpaid after sale of the property.
Codes, 1880, § 1383; 1892, § 2715; 1906, § 3075; Hemingway's 1917, § 2435; 1930, § 2255; 1942, § 353; Laws, 1988, ch. 542, § 2, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 5 - MECHANICS AND STABLEKEEPERS (§§ 85-7-101 — 85-7-107) › Section 85-7-103 - Stable keepers; lien on animals

The owner of every livery stable, sale stable, feed stable or public pasture shall have a lien on every horse, mule, cow, or other animal for the price of feeding, grooming, training, grazing, or keeping the same, at the instance of the owner of the animal, and shall have the right to retain possession of the animal until such price be paid. If the price be not paid in ten (10) days after it is due, the person to whom it is owing may commence suit therefor before a justice of the peace where the principal of the amount does not exceed Two Hundred Dollars ($200.00), and in the circuit court where it exceeds that sum, setting forth the amount of the debt, how it accrued, and a description of the animal; and, upon proof of the debt that it is due for feeding, grooming, training, grazing or keeping the animal, he shall be entitled to judgment against the owner for the amount due and sued for and the price of feeding, grooming, training, grazing and keeping the animal since the institution of the suit if the whole amount do not exceed the jurisdiction of the court, with costs as in other cases, and to a special order and execution for the sale of the property upon which the lien exists for the payment of such judgment and costs, and to an execution, as in other cases, for the residue of what remains unpaid after sale of the property. The lien created by this section shall be subordinate to any prior encumbrance on such animal of which the owner of the stable had notice, actual or constructive, unless the animal were fed, groomed, trained, grazed or kept by the consent of the encumbrancer.
Codes, 1892, § 2722; 1906, § 3082; Hemingway's 1917, § 2442; 1930, § 2256; 1942, § 354; Laws, 1888, p. 94; Laws, 1934, ch. 311.