reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 5 - PRINCIPAL AND SURETY (§§ 87-5-1 — 87-5-13) › Section 87-5-3 - Surety paying or tendering the debt

When any person who is bound as surety or indorser for another on any writing, for the payment of money or other thing, which shall remain unpaid, in whole or in part, by the principal debtor, after the maturity thereof, shall pay or tender to the creditor or holder of such writing the amount due thereon, the creditor or holder shall assign such writing to the surety or indorser paying or tendering the money or other thing due; and such assignee may have an action in his own name against the principal debtor upon the writing, to recover the amount paid in satisfaction of it.
Codes, Hutchinson's 1848, ch. 39, art. 1 (10); 1857, ch. 46, art. 3; 1871, § 2259; 1880, § 999; 1892, § 3277; 1906, § 3732; Hemingway's 1917, § 2908; 1930, § 2958; 1942, § 254.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 5 - PRINCIPAL AND SURETY (§§ 87-5-1 — 87-5-13) › Section 87-5-5 - Surety company may maintain action against defaulting principal

When any surety or guaranty company has executed any bond or other contract as surety for any person, company or corporation, guaranteeing the performance of any duty or the payment of any money, and such person, company or corporation make default therein and said surety or guaranty company pays the amount for which the party insured or guaranteed is legally liable, the said surety or guaranty company becomes thereby subrogated to all the rights of the party in whose favor the security or guaranty is given, and such company may have and maintain an action against the principal in its own name to recover the amount paid out in satisfaction thereof.
Codes, 1906, § 3733; Hemingway's 1917, § 2909; 1930, § 2959; 1942, § 255.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 5 - PRINCIPAL AND SURETY (§§ 87-5-1 — 87-5-13) › Section 87-5-7 - Surety or indorser, when sued alone, must notify principal and make defense

A surety or indorser shall not suffer judgment or a decree to be rendered against him by confession or default, without the consent of the principal debtor. And a surety or indorser who shall be sued alone, shall give notice of the suit to the principal debtor, if resident in this state, and if he have knowledge or information of any defense to the action which the principal debtor has, he shall make such defense; and if a surety or indorser, when sued alone, fail to give such notice to the principal debtor, in case he be a resident of this state, or to make such defense in the action of which he has knowledge or information, he shall be barred of all recovery against the principal debtor in case the principal debtor have at the time a good defense to the action of the creditor.
Codes, 1857, ch. 46, art. 4; 1871, § 2260; 1880, § 1000; 1892, § 3278; 1906, § 3734; Hemingway's 1917, § 2910; 1930, § 2960; 1942, § 256.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 5 - PRINCIPAL AND SURETY (§§ 87-5-1 — 87-5-13) › Section 87-5-9 - Surety paying a judgment

If a judgment or decree be rendered by any court against a principal debtor and his surety, or against his sureties, and one or more of his sureties shall pay and satisfy the judgment or decree, the same shall, by operation of law, be thereby transferred and assigned to the surety or sureties paying and satisfying it, who shall have all the liens and equities of such judgment or decree and of the debt or claim on which the same is founded, which the creditor therein had. The surety, on making affidavit of his suretyship, and of his having paid the judgment or decree, and filing the affidavit and any evidence of such payment that he may hold, with the officer authorized to issue execution on the judgment or decree to whom he may apply for execution, shall be entitled to have execution issued on the judgment or decree, in the name of the plaintiff or complainant against the defendants therein, as if the judgment or decree had not been paid and satisfied. The officer issuing the execution shall indorse thereon that it is issued for the use of the surety who paid the judgment or decree; and the officer serving it shall collect the money, for the use of the surety, from the principal debtor, if he be a party to the judgment or decree and the money can be made out of him; and, if not, he shall collect a ratable proportion of the money from each of the co-sureties.
Codes, Hutchinson's 1848, ch. 39, art. 2 (160); 1857, ch. 46, art. 2; 1871, § 2258; 1880, § 998; 1892, § 3279; 1906, § 3735; Hemingway's 1917, § 2911; 1930, § 2961; 1942, § 257.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 5 - PRINCIPAL AND SURETY (§§ 87-5-1 — 87-5-13) › Section 87-5-11 - Bona fide purchasers and encumbrancers protected

If such judgment or decree as is referred to in Section
87-5-9
shall appear to be satisfied, either on the judgment-roll, execution docket, or other record, property conveyed or encumbered thereafter by the principal debtor or sureties to any one for a valuable consideration, without notice of the fact that it was paid and satisfied by a surety, shall not be liable to such judgment or decree, unless at the time the property was conveyed or encumbranced, the record which showed the satisfaction of the judgment or decree, shall also show the fact that it was paid and satisfied by a surety, and the name of such surety.
Codes, 1892, § 3280; 1906, § 3736; Hemingway's 1917, § 2912; 1930, § 2962; 1942, § 258.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 5 - PRINCIPAL AND SURETY (§§ 87-5-1 — 87-5-13) › Section 87-5-13 - Execution against principal and sureties; how served

When execution shall issue on any judgment or decree rendered against a principal and surety, and the surety shall make affidavit that he is only surety on the instrument upon which the judgment or decree is founded, and deliver it to the officer serving the execution, the officer shall make the money, or as much thereof as possible, out of the property of the principal debtor, if he have any in the county to which the execution is issued subject to execution; and the officer shall return the affidavit with the execution.
Codes, Hutchinson's 1848, ch. 39, art. 3 (47); 1857, ch. 46, art. 5; 1871, § 2261; 1880, § 1001; 1892, § 3281; 1906, § 3737; Hemingway's 1917, § 2913; 1930, § 2963; 1942, § 259.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 7 - IMPROVEMENTS TO REAL PROPERTY (§§ 87-7-1 — 87-7-9) › Section 87-7-1 - [Repealed]

Repealed by Laws, 1985, ch. 505, § 16, eff.1/1/1986.
Laws, 1985, ch. 335.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 7 - IMPROVEMENTS TO REAL PROPERTY (§§ 87-7-1 — 87-7-9) › Section 87-7-3 - Payment of contractors; penalty for late payment

All sums due contractors under all construction contracts, except public construction contracts, shall be paid as follows:
(a)
Partial, progress or interim payments: all partial, progress or interim payments or monies owed contractors shall be paid when due and payable under the terms of the contract. If they are not paid within thirty (30) calendar days from the day they were due and payable, then they shall bear interest from the due date at the rate of one percent (1%) per month until fully paid.
(b)
Final payments: The final payment of all monies owed contractors shall be due and payable:
(i)
At the completion of the project or after the work has been substantially completed in accordance with the terms and provisions of the contract;
(ii)
When the owner beneficially uses or occupies the project except in the case where the project involves renovation or alteration to an existing facility in which the owner maintains beneficial use or occupancy during the course of the project; or
(iii)
When the project is certified as having been completed by the architect or engineer authorized to make such certification, whichever event shall first occur.
If the contractor is not paid in full within thirty (30) calendar days from the first occurrence of one (1) of the above-mentioned events, then the final payment shall bear interest from the date of such first occurrence at the rate of one percent (1%) per month until fully paid.
In no event shall the final payment due the contractor be made until the consent of the contractor's surety has been obtained in writing and delivered to the proper contracting authority.
Laws, 1985, ch. 505, § 3; Laws, 2006, ch. 330, § 1, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 7 - IMPROVEMENTS TO REAL PROPERTY (§§ 87-7-1 — 87-7-9) › Section 87-7-5 - Proportional payment of subcontractors; penalty for late payment

When a contractor receives any payment from the owner under a construction contract, other than a public construction contract, the contractor shall, upon receipt of that payment, pay each subcontractor and material supplier in proportion to the percentage of work completed by each such subcontractor and material supplier. If for any reason the contractor receives less than the full payment due from the owner, the contractor shall be obligated to disburse on a pro rata basis those funds received, with the contractor, subcontractors and material suppliers each receiving a prorated portion based on the amount due on the payment. If the contractor without reasonable cause fails to make any payment to his subcontractors and material suppliers within fifteen (15) days after the receipt of payment from the owner under the construction contract, the contractor shall pay to his subcontractors and material suppliers, in addition to the payment due them, a penalty in the amount of one-half of one percent (1/2 of 1%) per day of the delinquency, calculated from the expiration of the fifteen-day period until fully paid. The total penalty shall not exceed fifteen percent (15%) of the outstanding balance due. The provisions of this section shall not be applicable to contracts for the construction of single-family dwellings.
Laws, 1985, ch. 505, § 4; Laws, 2006, ch. 330, § 2, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 7 - IMPROVEMENTS TO REAL PROPERTY (§§ 87-7-1 — 87-7-9) › Section 87-7-7 - Contractor negotiation of draft payable to contractor and other parties; written signed authorization of co-payees required; penalties

(1)
A contractor who undertakes to negotiate a draft made payable to the contractor and any other party must first obtain an endorsement or other written signed authorization of every co-payee on the draft if the draft is tendered in payment for materials or equipment furnished or labor performed by the owner, laborer, supplier or equipment dealer.
(2)
A contractor who negotiates a draft without first obtaining an endorsement or other written signed authorization required under this section is guilty of a misdemeanor and shall be subject to a fine not to exceed Five Hundred Dollars ($500.00) per violation, and shall also be ordered by the court to make full restitution to the owner, laborer, supplier or equipment dealer who is entitled to payment from the proceeds of the draft, as well as reasonable attorney's fees incurred by any party to whom restitution is ordered.
Laws, 2012, ch. 506, § 1, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 7 - IMPROVEMENTS TO REAL PROPERTY (§§ 87-7-1 — 87-7-9) › Section 87-7-9 - Contracts, subcontracts or purchase orders with provisions relating to real property improvement that make the contract subject to laws of another state or restrict forum for litigation, arbitration or dispute resolution to another state are void; applicability

(1)
A provision in any contract, subcontract, or purchase order for the improvement of real property in this state, or to provide materials therefor, is void and against public policy if it makes the contract, subcontract, or purchase order subject to the laws of another state, or provides that the exclusive forum for any litigation, arbitration, or other dispute resolution process be located in another state.
(2)
The provisions of this section apply only to contracts, agreements and purchase orders:
(a)
Entered into on or after July 1, 2018;
(b)
Only if at least one (1) of the parties is a Mississippi resident; and
(c)
Only if entered into between any two (2) or more of the following persons and no others: the owner of the real property improved or to be improved, a contractor, subcontractor, materialman or design professional. As used in this section, "contractor", "subcontractor", "materialman" and "design professional" shall have the meanings ascribed in Section
85-7-401
.
(3)
For purposes of this section, "Mississippi resident" means any natural person domiciled in Mississippi or any business entity having a principal place of business in Mississippi.
Added by Laws, 2018, ch. 455, HB 1306,§ 1, eff. 7/1/2018.
Mississippi Code 1972 (2023) › Title 87 - CONTRACTS AND CONTRACTUAL RELATIONS (§§ 87-1-1 — 87-9-1) › Chapter 9 - GENERAL PROVISIONS (§ 87-9-1) › Section 87-9-1 - Manufacturer's taxes required to be paid under contract; alteration of timing; security

(1)
When a contract calls for one (1) party to reimburse the other party for the federal manufacturer's excise tax levied by
26 USCA 4081
through
26 USCA 4083
, whether as a separate item or as part of the price, the party required to make the reimbursement may tender payment for the taxes one (1) business day before the time that the other party is required to remit the taxes to the United States Internal Revenue Service.
(2)
If a party elects to make payment as provided in subsection (1) of this section, the other party may demand security for the payment of the taxes in proportion to the amount the taxes represent compared to the security demanded on the contract as a whole. The other party may not change the other payment terms of the contract without a valid business reason other than the exercise of the option as provided in subsection (1) of this section, except to require the payment of the taxes under the option to be made by electronic transfer of funds.
(3)
The party exercising the option set out in subsection (1) of this section shall notify the other party in writing of the intent to exercise the payment option and the effective date of the exercise which shall not be earlier than thirty (30) days after the notice of intent is received or the beginning of the next federal tax quarter, whichever is later.
(4)
This section shall apply to all contracts now in effect which have no expiration date and are continuing contracts and to all other contracts entered into or renewed from and after July 1, 1994. Specifically, this section shall apply to contracts arising from daily wholesale price offers which are accepted or rejected by the acceptance or rejection of products at the stated prices. Each daily price offering shall be construed to be a new offer and each purchase of product at a given price offer to create a new contract to which this section shall apply. Any contract in force and effect on July 1, 1994, which, by its own terms, will terminate on a subsequent date, shall be governed by the law as it existed before July 1, 1994.
(5)
The option provided for in subsection (1) of this section shall not be construed to impair the obligations arising under any contract executed before July 1, 1994. The exercise of an option as set out in subsection (1) of this section shall not relieve the party of the obligation to make the reimbursement as provided for in the contract but shall affect only the timing of when that reimbursement shall be tendered.
Laws, 1994, ch. 395, § 1, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › IN GENERAL (§§ 89-1-1 — 89-1-NEW) › Section 89-1-1 - Land conveyed to vest immediately or in future

Any interest in or claim to land may be conveyed to vest immediately or in the future, by writing signed and delivered; and such writing shall have the effect to transfer, according to its terms, the title of the person signing and delivering it, with all its incidents, as fully and perfectly as if it were transferred by feoffment with livery of seizin, notwithstanding there may be an adverse possession thereof.
Codes, 1857, ch. 36, art. 1; 1871, § 2284; 1880, § 1187; 1892, § 2433; 1906, § 2762; Hemingway's 1917, § 2266; 1930, § 2110; 1942, § 831.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › IN GENERAL (§§ 89-1-1 — 89-1-NEW) › Section 89-1-3 - Land to be conveyed only by writing

An estate of inheritance or freehold, or for a term of more than one (1) year, in lands shall not be conveyed from one to another unless the conveyance be declared by writing signed and delivered.
Codes, Hutchinson's 1848, ch. 42, art. 1 (1); 1857, ch. 36, art. 19; 1871, § 2302; 1880, § 1188; 1892, § 2434; 1906, § 2763; Hemingway's 1917, § 2267; 1930, § 2111; 1942, § 832.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › IN GENERAL (§§ 89-1-1 — 89-1-NEW) › Section 89-1-5 - Words of inheritance not necessary

Every estate in lands granted, conveyed, or devised, although the words deemed necessary by the common law to transfer an estate of inheritance be not added, shall be deemed a fee-simple if a less estate be not limited by express words, or unless it clearly appear from the conveyance or will that a less estate was intended to be passed thereby.
Codes, Hutchinson's 1848, ch. 42, art. 1 (23); 1857, ch. 36, art. 2; 1871, § 2285; 1880, § 1189; 1892, § 2435; 1906, § 2764; Hemingway's 1917, § 2268; 1930, § 2112; 1942, § 833.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › IN GENERAL (§§ 89-1-1 — 89-1-NEW) › Section 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.
Codes, 1857, ch. 36, art. 18; 1871, § 2301; 1880, § 1197; 1892, § 2441; 1906, § 2770; Hemingway's 1917, § 2274; 1930, § 2113; 1942, § 834; Laws, 1958, ch. 237; Laws, 1993, ch. 395, § 1, eff. 7/1/1993.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › IN GENERAL (§§ 89-1-1 — 89-1-NEW) › Section 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.
Codes, 1880, § 1201; 1892, § 2446; 1906, § 2776; Hemingway's 1917, § 2280; 1930, 2114; 1942, § 835.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › IN GENERAL (§§ 89-1-1 — 89-1-NEW) › Section 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.
Codes, Hutchinson's 1848, ch. 42, art. 1 (27); 1857, ch. 36, art. 9; 1871, § 2292; 1880, § 1202; 1892, § 2447; 1906, § 2777; Hemingway's 1917, § 2281; 1930, § 2115; 1942, § 836.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › IN GENERAL (§§ 89-1-1 — 89-1-NEW) › Section 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.
Codes, Hutchinson's 1848, ch. 42, art. 1 (26); 1857, ch. 36, art. 8; 1871, § 2291; 1880, § 1203; 1892, § 2448; 1906, § 2778; Hemingway's 1917, § 2282; 1930, § 2116; 1942, § 837.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › IN GENERAL (§§ 89-1-1 — 89-1-NEW) › Section 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.
Codes, Hutchinson's 1848, ch. 42, art. 1 (24); 1857, ch. 36, art. 3; 1871, § 2286; 1880, § 1190; 1892, § 2436; 1906, § 2765; Hemingway's 1917, § 2269; 1930, § 2117; 1942, § 838.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › IN GENERAL (§§ 89-1-1 — 89-1-NEW) › Section 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.
Codes, Hutchinson's 1848, ch. 42, art. 1 (25); 1857, ch. 36, art. 7; 1871, § 2290; 1880, § 1199; 1892, § 2444; 1906, § 2774; Hemingway's 1917, § 2278; 1930, § 2118; 1942, § 839.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › IN GENERAL (§§ 89-1-1 — 89-1-NEW) › Section 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.
Codes, Hutchinson's 1848, ch. 42, art. 3 (3); 1857, ch. 36, art. 10; 1871, § 2293; 1880, § 1200; 1892, § 2445; 1906, § 2775; Hemingway's 1917, § 2279; 1930, § 2119; 1942, § 840.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › IN GENERAL (§§ 89-1-1 — 89-1-NEW) › Section 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.
Codes, 1857, ch. 36, art. 33; 1871, § 2316; 1880, § 1194; 1892, § 2437; 1906, § 2766; Hemingway's 1917, § 2270; 1930, § 2120; 1942, § 841; Laws, 1956, ch. 175.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › IN GENERAL (§§ 89-1-1 — 89-1-NEW) › Section 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.
Codes, 1942, § 846.5; Laws, 1960, ch. 321; Laws, 1974, ch. 359, eff. 3/14/1974.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › IN GENERAL (§§ 89-1-1 — 89-1-NEW) › Section 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.
Codes, Hutchinson's 1848, ch. 42, art. 1 (35); 1857, ch. 36, art. 26; 1871, § 2309; 1880, § 1198; 1892, § 2442; 1906, § 2771; Hemingway's 1917, § 2275; 1930, § 2127; 1942, § 848.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › IN GENERAL (§§ 89-1-1 — 89-1-NEW) › Section 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.
Codes, 1880, § 1258; 1892, § 1983; 1906, § 2159; Hemingway's 1917, § 1834; 1930, § 1778; 1942, § 330; Laws, 1924, ch. 169; 1980, ch. 514, § 1; Laws, 2007, ch. 419, § 1; Laws, 2008, ch. 442, § 23, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › IN GENERAL (§§ 89-1-1 — 89-1-NEW) › Section 89-1-31 - [Repealed]

Repealed by Laws, 1980, ch. 514, § 2, eff. 7/1/1980.
Codes, 1880, § 1260; 1892, § 1985; 1906, § 2161; Hemingway's 1917, § 1836; 1930, § 1780; 1942, § 332; Laws, 1924, ch. 169.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › IN GENERAL (§§ 89-1-1 — 89-1-NEW) › Section 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.
Codes, 1880, § 1233; 1892, § 2480; 1906, § 2817; Hemingway's 1917, § 2318; 1930, § 2122; 1942, § 843.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › IN GENERAL (§§ 89-1-1 — 89-1-NEW) › Section 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.
Codes, 1880, § 1234; 1892, § 2481; 1906, § 2818; Hemingway's 1917, § 2319; 1930, § 2123; 1942, § 844.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › IN GENERAL (§§ 89-1-1 — 89-1-NEW) › Section 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.
Codes, 1880, § 1235; 1892, § 2482; 1906, § 2819; Hemingway's 1917, § 2320; 1930, § 2124; 1942, § 845.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › IN GENERAL (§§ 89-1-1 — 89-1-NEW) › Section 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.
Codes, 1857, ch. 36, art. 17; 1871, § 2300; 1880, § 1195; 1892, § 2438; 1906, § 2767; Hemingway's 1917, § 2271; 1930, § 2125; 1942, § 846.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › IN GENERAL (§§ 89-1-1 — 89-1-NEW) › Section 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.
Codes, Hutchinson's 1848, ch. 42, art. 1 (32); 1857, ch. 36, art. 16; 1871, § 2299; 1880, § 1196; 1892, § 2440; 1906, § 2769; Hemingway's 1917, § 2273; 1930, § 2126; 1942, § 847.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › IN GENERAL (§§ 89-1-1 — 89-1-NEW) › Section 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.
Codes, 1857, ch. 36, art. 12; 1871, § 2295; 1880, § 1204; 1892, § 2449; 1906, § 2779; Hemingway's 1917, § 2283; 1930, § 2128; 1942, § 849.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › IN GENERAL (§§ 89-1-1 — 89-1-NEW) › Section 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.
Codes, 1857, ch. 36, art. 13; 1871, § 2296; 1880, § 1205; 1892, § 2450; 1906, § 2780; Hemingway's 1917, § 2284; 1930, § 2129; 1942, § 850; Laws, 2000, ch. 341, § 1, eff. 7/1/2000.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › IN GENERAL (§§ 89-1-1 — 89-1-NEW) › Section 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.
Codes, 1880, § 1299; 1892, § 4233; 1906, § 4783; Hemingway's 1917, § 3127; 1930, § 3351; 1942, § 272.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › IN GENERAL (§§ 89-1-1 — 89-1-NEW) › Section 89-1-49 - Extinguishment of mortgage; applicability; line of credit

(1)
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.
(2)
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.
(3)
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.
(4)
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
.
Codes, 1880, § 1207; 1892, § 2452; 1906, § 2782; Hemingway's 1917, § 2286; 1930, § 2152; 1942, § 873; Laws, 1968, ch. 495, § 1; Laws, 1995, ch. 497, § 1; Laws, 1999, ch. 570, § 1; Laws, 2000, ch. 580, § 1, eff. 5/20/2000.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › IN GENERAL (§§ 89-1-1 — 89-1-NEW) › Section 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.
Codes, 1880, § 1208; 1892, § 2453; 1906, § 2783; Hemingway's 1917, § 2287; 1930, § 2153; 1942, § 874.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › IN GENERAL (§§ 89-1-1 — 89-1-NEW) › Section 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.
Codes, 1906, § 2811; Hemingway's 1917, § 2312; 1930, § 2162; 1942, § 883.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › IN GENERAL (§§ 89-1-1 — 89-1-NEW) › Section 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.
Codes, 1892, § 2443; 1906, § 2772; Hemingway's 1917, § 2276; 1930, § 2167; 1942, § 888; Laws, 1896, ch. 103; Laws, 1908, ch. 180; Laws, 1934, ch. 248.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › IN GENERAL (§§ 89-1-1 — 89-1-NEW) › Section 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.
Codes, 1880, § 1237; 1892, § 2484; 1906, § 2821; Hemingway's 1917, § 2322; 1930, § 2169; 1942, § 891; Laws, 1896, ch. 109.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › IN GENERAL (§§ 89-1-1 — 89-1-NEW) › Section 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.
Codes, 1930, § 2170; 1942, § 892; Laws, 1924, ch. 157; Laws, 1975, ch. 414, eff. 3/25/1975.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › IN GENERAL (§§ 89-1-1 — 89-1-NEW) › Section 89-1-61 - Forms for conveyances

A conveyance of land may be in the following form, and shall be as effectual to transfer all the right, title, claim, and possession of the person making it as can be done by any sort of conveyance, viz.:
"In consideration of [here state it], I convey and warrant to ____________________ the land described as [describe it].
"Witness my signature, the ____________________ day of ____________________, A. D. ____________________."
If only a special warranty is intended, add the word "specially" to the word "warrant" in the conveyance.
Codes, 1880, §§ 1231, 1232; 1892, § 2479; 1906, § 2816; Hemingway's 1917, § 2317; 1930, § 2131; 1942, § 852.
Mississippi Code 1972 (2023) › Title 89 - REAL AND PERSONAL PROPERTY (§§ 89-1-1 — 89) › Chapter 1 - LAND AND CONVEYANCES (§§ 89-1-1 — 89-1-527) › IN GENERAL (§§ 89-1-1 — 89-1-NEW) › Section 89-1-63 - Deed of trust or mortgage; power of sale; relationship of trustee to other party to deed of trust; beneficiary may purchase at sale made under power of sale; appointment or substitution of trustee by beneficiary

(1)
A deed of trust or mortgage may be in the form of a conveyance, to the end, before the words "witness my signature," and then as follows, viz.:
"In trust to secure (here state what is secured, and all the necessary provisions).
Witness my signature, the ____________________ day of ____________________, A.D. ____________________.
____________________"
(2)
Notwithstanding the form of conveyance, any deed of trust or mortgage which has been made or shall hereafter be made may confer on the trustee or mortgagee and their successors, assignees and agents the power of sale. Furthermore, any person may be appointed and may perform the duties of the trustee in a deed of trust, and such person shall not be disqualified nor shall the acts of such person be invalid because of the relationship of such person to any other party to the deed of trust. The beneficiary of a deed of trust or the mortgagee of a mortgage may purchase at any sale which has been made or shall hereafter be made under a power of sale, and any such sale shall not be invalid because of the relationship of such person to any other party to the deed of trust.
(3)
The beneficiary or holder of any deed of trust, including his agents, employees, successors, assigns, attorneys-in-fact or other legal representatives, may appoint a trustee or substitute a trustee, with or without the permission of the mortgagor or mortgagors. The trustee or substitute trustee so appointed may be a natural person, partnership, corporation, limited liability company, professional association or any other legal entity.
Codes, 1892, § 2483; 1906, § 2820; Hemingway's 1917, § 2321; 1930, § 2132; 1942, § 853; Laws, 1990, ch. 489, § 1; Laws, 2007, ch. 383, § 1, eff. 3/15/2007.