reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 3 - PRACTICE AND PROCEDURE IN SUPREME COURT (§§ 11-3-1 — 11-3-45) › Section 11-3-41 - Final judgment to be certified to court below; collection of court costs

It shall be the duty of the clerk of the court below, upon receiving the mandate of the Supreme Court, to issue the proper execution on the final judgment or decree, if the same be for the plaintiff in the original cause, for the amount of money or other thing adjudged to the plaintiff, and all costs paid in the court below if not previously paid; and, if the judgment be rendered for the defendant in the original cause, then, on receipt of the mandate, execution shall issue against the plaintiff in the cause for the defendant's costs paid in the court below. In cases where the Supreme Court assesses the costs against the appellee, the appellant shall, with no further court action, be entitled to a judgment against the appellee in the amount expended by the appellant on court costs. The appellee shall be responsible for the cost of collection of this judgment, including attorney's fees. If the Clerk of the Supreme Court fails to issue the mandate as required, he shall forfeit to the aggrieved party One Hundred Dollars ($100.00), to be recovered by motion before the Supreme Court on five (5) days' notice.
Codes, Hutchinson's 1848, ch. 63, class 4, art. 1 (8); 1857, ch. 63, art. 14; 1871, § 416; 1880, § 1442; 1892, § 4380; 1906, § 4946; Hemingway's 1917, § 3222; 1930, § 3406; 1942, § 1990; Laws, 1978, ch. 335, § 5; Laws, 1979, ch. 482, § 1; Laws, 1991, ch. 573, § 15, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 3 - PRACTICE AND PROCEDURE IN SUPREME COURT (§§ 11-3-1 — 11-3-45) › Section 11-3-43 - Copy of opinion certified to court below; costs in event of successful appeal

In all cases in which the Supreme Court shall reverse the judgment or decree of the court below, and remand the cause to be proceeded within such court, or remand a cause for further proceedings, the Clerk of the Supreme Court shall prepare and certify a copy of the opinion of the Supreme Court in the case, and send it, with the mandate of the judgment or decree rendered in the cause by the Supreme Court, to the clerk of the court from which the cause was brought, or to which it may be remanded. The copy of the opinion furnished shall be preserved by the clerk to whom it is delivered, for the use of the court and parties in the case.
But in all cases wherein the appellant has paid the costs of his appeal and is the successful litigant and the action is reversed and remanded for further proceedings, with costs taxed against the appellee, the action shall not proceed further before the trial court, on application of the appellee, until the appellee has paid to the clerk of the trial court, for the benefit of the appellant, the costs so paid by the appellant in perfecting his successful appeal. Should the appellee fail to make such a refund of costs to the trial court within two (2) years next after the date of the judgment of reversal and remand by the Supreme Court, the appellee, his heirs or assigns, shall not thereafter be entitled to proceed further at his own instance and the appellee's right of action, as well as his remedy, shall be forever barred and extinguished.
Codes, 1880, § 1443; 1892, § 4381; 1906, § 4947; Hemingway's 1917, § 3223; 1930, § 3407; 1942, § 1991; Laws, 1948 ch. 238; Laws, 1978, ch. 335, § 6; Laws, 1991, ch. 573, § 16; Laws, 1993, ch. 452, § 1, eff. March 22, 1993.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 3 - PRACTICE AND PROCEDURE IN SUPREME COURT (§§ 11-3-1 — 11-3-45) › Section 11-3-45 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
Codes, 1880, § 1444; 1892, § 4382; 1906, § 4948; Hemingway's 1917, § 3224; 1930, § 3408; 1942, § 1992; Laws, 1978, ch. 335, § 7
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › GENERAL PROVISIONS (§§ 11-5-1 — 11-5-123) › Section 11-5-1 - Venue of suits

Suits to confirm title to real estate, and suits to cancel clouds or remove doubts therefrom, shall be brought in the county where the land, or some part thereof, is situated; suits against executors, administrators, and guardians, touching the performance of their official duties, and suits for an account and settlement by them, and suits for the distribution of personalty of decedents among the heirs and distributees, and suits for the payment of legacies, shall be brought in the chancery court in which the will was admitted to probate, or letters of administration were granted, or the guardian was appointed; other suits respecting real or personal property may be brought in the chancery court of the county in which the property, or some portion thereof, may be; and all cases not otherwise provided may be brought in the chancery court of any county where the defendant, or any necessary party defendant, may reside or be found; and in all cases process may issue to any county to bring in defendants and to enforce all orders and decrees of the court.
Codes, 1857, ch. 62, art. 6; 1871, § 977; 1880, § 1847; 1892, § 510; 1906, § 561; Hemingway's 1917, § 321; 1930, § 363; 1942, § 1274.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › GENERAL PROVISIONS (§§ 11-5-1 — 11-5-123) › Section 11-5-3 - Issue may be tried by a jury

The chancery court, in a controversy pending before it, and necessary and proper to be tried by a jury, shall cause the issue to be thus tried to be made up in writing. The jury shall be drawn in open court from the jury box used in the circuit court, in the presence of the clerk of the circuit court who shall attend with the box for that purpose. The number drawn shall not exceed twenty, and the slips containing the names shall be returned to the box. The clerk of the chancery court shall issue the venire facias to the sheriff, returnable as the court shall direct. If there be no jury box the jury may be obtained as provided for in the circuit court in such case. The sheriff and jurors, for failure to perform duty or to attend, shall be liable to like penalty as in the circuit court. The parties shall have the same right of challenge as in trials in the circuit court, and the jury may be completed in the same manner. The chancellor may instruct the jury in the same way that juries are instructed in the circuit court, and the parties shall have the same rights in respect thereto; the instructions shall be filed in the cause and become a part of the record, and the chancellor shall sign bills of exceptions as in the circuit court, and the court may grant new trials in proper cases.
Codes, 1880, § 1836; 1892, § 507; 1906, § 558; Hemingway's 1917, § 318; 1930, § 364; 1942, § 1275.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › GENERAL PROVISIONS (§§ 11-5-1 — 11-5-123) › Section 11-5-5 - Change of venue in jury cases allowed

The chancery court may award a change of venue for the trial of all issues to be tried by a jury pursuant to the procedure provided for in the Mississippi Rules of Civil Procedure. The clerk of the court from which the issue is to be removed, and the clerk of the court to which it is removed, respectively, shall, upon an order for a change of venue, discharge the duties directed to be performed by the clerks of circuit courts in such cases; and in such case the chancery court to which the venue is changed shall try the issue by a jury, and shall proceed and render decrees and finally dispose of the cause as if the suit had begun therein.
Codes, 1880, § 1837; 1892, § 508; 1906, § 559; Hemingway's 1917, § 319; 1930, § 365; 1942, § 1276; Laws, 1991, ch. 573, § 17, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › GENERAL PROVISIONS (§§ 11-5-1 — 11-5-123) › Section 11-5-7 - through 11-5-29 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
§ 11-5-7. [Codes, 1857, ch. 62, art. 53; 1871, § 1032; 1880, §§ 1861, 1862; 1892, §§ 521, 522; 1906, §§ 572, 573; Hemingway's 1917, §§ 332, 333; 1930, § 368; 1942, § 1279] § 11-5-9. [Codes, 1880, § 1865; 1892, § 525; 1906, § 576; Hemingway's 1917, § 336; 1930, § 369; 1942, § 1280] § 11-5-11. [Codes, Hutchinson's 1848, ch. 54, art. 7; 1857, ch. 62, art. 35; 1871, § 1069; 1880, §§ 1858, 1866, 1867; 1892, §§ 518, 526; 1906, §§ 569, 577; Hemingway's 1917, §§ 329, 337; 1930, § 372; 1942, § 1283] § 11-5-13. [Codes, 1880, § 1869; 1892, § 527; 1906, § 578; Hemingway's 1917, § 338; 1930, § 373; 1942, § 1284] § 11-5-15. [Codes, 1880, § 1869; 1892, § 528; 1906, § 579; Hemingway's 1917, § 339; 1930, § 374; 1942, § 1285] § 11-5-17. [Codes, 1857, ch. 62, art. 39; 1871, § 1021; 1880, § 1889; 1892, § 549; 1906, § 600; Hemingway's 1917, § 360; 1930, § 375; 1942, § 1286; Laws, 1924, ch. 151; 1942, ch. 299] § 11-5-19. [Codes, 1871, § 1017; 1880, § 1870; 1892, § 530; 1906, § 581; Hemingway's 1917, § 341; 1930, § 376; 1942, § 1287] § 11-5-21. [Codes, 1871, § 1018; 1880, § 1871; 1892, § 531; 1906, § 582; Hemingway's 1917, § 342; 1930, § 377; 1942, § 1288] § 11-5-23. [Codes, 1930, § 378; 1942, § 1289; Laws, 1924, ch. 151] § 11-5-25. [Codes, 1930, § 379; 1942, § 1290; Laws, 1924, ch. 151] § 11-5-27. [Codes, 1857, ch. 62, arts. 44, 45; 1871, §§ 1016, 1024; 1880, §§ 1873, 1892; 1892, § 533; 1906, § 584; Hemingway's 1917 § 344; 1930, § 380; 1942, § 1291; Laws, 1962, ch. 284] § 11-5-29. [Codes, 1880, § 1874; 1892, § 534; 1906, § 585; Hemingway's 1917, § 345; 1930, § 381; 1942, § 1292]
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › GENERAL PROVISIONS (§§ 11-5-1 — 11-5-123) › Section 11-5-31 - Before whom answers of nonresidents may be sworn

Answers of defendants out of the state may be sworn to before any commissioner for this state, or any judge, chancellor, or any justice of the peace, notary public, or the mayor or alderman of any city or town, or clerk of a court of record, in the state or country where such defendant may be, if such officer shall be authorized to administer oaths by the law of such state or country; and the certificate of such officer as to his official character, shall be prima facie evidence thereof.
Codes, Hutchinson's 1848, ch. 54, art. 12 (3); 1857, ch. 62, art. 50; 1871, § 1087; 1880, § 1949; 1892, § 535; 1906, § 586; Hemingway's 1917, § 350; 1930, § 382; 1942, § 1293.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › GENERAL PROVISIONS (§§ 11-5-1 — 11-5-123) › Section 11-5-33 - through 11-5-47 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
§ 11-5-33. [Codes, Hutchinson's 1848, ch. 54, art. 12(6); 1857, ch. 62, art. 94; 1871, § 1087; 1880, § 1949; 1892, § 535; 1906, § 586; Hemingway's 1917, § 346; 1930, § 383; 1942, § 1294] § 11-5-35. [Codes, 1880, § 1938; 1892, § 529; 1906, § 580; Hemingway's 1917, § 340; 1930, § 384; 1942, § 1295] § 11-5-37. [Codes, Hutchinson's 1848, ch. 54, art. 12(1); 1857, ch. 62, art. 51; 1871, § 1030; 1880, § 1875; 1892, § 536; 1906, § 587; Hemingway's 1917, § 347; 1930, § 385; 1942, § 1296] § 11-5-39. [Codes, 1871, § 1066; 1880, § 1876; 1892, § 537; 1906, § 588; Hemingway's 1917, § 348; 1930, § 386; 1942, § 1297] § 11-5-41. [Codes, 1871, § 1067; 1880, § 1877; 1892, § 538; 1906, § 589; Hemingway's 1917, § 349; 1930, § 387; 1942, § 1298] § 11-5-43. [Codes, 1857, ch. 62, art. 43; 1871, § 1019; § 1880, § 1879; 1892, § 540; 1906, § 591; Hemingway's 1917, § 351; 1930, § 388; 1942, § 1299] § 11-5-45. [Codes, 1857, ch. 62, art. 47; 1871, § 1026; 1880, § 1891; 1892, § 551; 1906, § 602; Hemingway's 1917, § 362; 1930, § 389; 1942, § 1300; Laws, 1924, ch. 151] § 11-5-47. [Codes, 1857, ch. 62, art. 40; 1871, § 1022; 1880, § 1890; 1892, § 550; 1906, § 601; Hemingway's 1917, § 361; 1930, § 390; 1942, § 1301; Laws, 1924, ch. 151.]
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › GENERAL PROVISIONS (§§ 11-5-1 — 11-5-123) › Section 11-5-49 - Answer not required in certain cases

In proceedings in matters testamentary and of administration, in minors' business, and in cases of persons with an intellectual disability, persons with mental illness and persons of unsound mind, as provided for by law, no answer shall be required to any petition or application of any sort. Such a petition or application shall not be taken as confessed because of the lack of an answer, but every petition, application, or account shall be supported by the proper evidence and may be contested without an answer. All such proceedings shall be as summary, as the statutes authorizing and regulating them contemplate; however, when either of the parties having a controversy in court as to any of those several matters requires and the court sees proper, it may direct plenary proceedings by bill or petition, to which there shall be an answer on oath or affirmation. If an adult or sane party refuses to answer as to any matter alleged in the bill or petition and proper for the court to decide upon, the party refusing may be attached, fined, and imprisoned at the discretion of the court, and the matter set forth in the bill or petition shall be taken as confessed and a decree shall be made accordingly.
Codes, 1860, § 1863; 1892, § 523; 1906, § 574; Hemingway's 1917, § 334; 1930, § 370; 1942, § 1281; Laws, 2008, ch. 442, § 4; Laws, 2010, ch. 476, § 4, eff. 4/1/2010.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › GENERAL PROVISIONS (§§ 11-5-1 — 11-5-123) › Section 11-5-51 - Answer or demurrer may be filed where answer not required

Where an answer is not necessary in the matters mentioned in Section
11-5-49
, anyone desiring to contest any petition or application may file an answer, or may demur to any petition, and in that way test its sufficiency.
Codes, 1880, § 1864; 1892, § 524; 1906, § 575; Hemingway's 1917, § 335; 1930, § 371; 1942, § 1282.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › GENERAL PROVISIONS (§§ 11-5-1 — 11-5-123) › Section 11-5-53 - through 11-5-73 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
§ 11-5-53. [Codes, 1857, ch. 62, art. 49; 1871, § 1028; 1880, § 1881; 1892, § 542; 1906, § 593; Hemingway's 1917, § 353; 1930, § 391; 1942, § 1302] § 11-5-55. [Codes, 1880, § 1885; 1892, § 546; 1906, § 597; Hemingway's 1917, § 357; 1930, § 392; 1942, § 1303] § 11-5-57. [Codes, 1880, § 1882; 1892, § 543; 1906, § 594; Hemingway's 1917, § 354; 1930, § 393; 1942, § 1304] § 11-5-59. [Codes, 1880, § 1883; 1892, § 544; 1906, § 595; Hemingway's 1917, § 355; 1930, § 394; 1942, § 1305; Laws, 1924, ch. 151] § 11-5-61. [Codes, 1880, § 1884; 1892, § 545; 1906, § 596; Hemingway's 1917, § 356; 1930, § 395; 1942, § 1306] § 11-5-63. [Codes, 1880, §§ 1886, 1887; 1892, § 547; 1906, § 598; Hemingway's 1917, § 358; 1930, § 396; 1942, § 1307] § 11-5-65. [Codes, 1880, § 1888; 1892, § 548; 1906, § 599; Hemingway's 1917, § 359; 1930, § 397; 1942, § 1308] § 11-5-67. [Codes, 1930, § 399; 1942, § 1310; Laws, 1924, ch. 151; 1950, ch. 341, §§ 1-3] § 11-5-69. [Codes, 1880, §§ 1950, 1951; 1892, § 1764; 1906, § 1941; Hemingway's 1917, § 1601; 1930, § 400; 1942, § 1311; Laws, 1904, ch. 148; 1916, ch. 220] § 11-5-71. [Codes, 1942, § 1312; Laws, 1938, ch. 265] § 11-5-73. [Codes, 1880, § 1895; 1892, § 555; 1906, § 606; Hemingway's 1917, § 366; 1930, § 401; 1942, § 1313]
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › GENERAL PROVISIONS (§§ 11-5-1 — 11-5-123) › Section 11-5-75 - Creditors may attack fraudulent conveyances

The chancery court shall have jurisdiction of causes of action filed under the Uniform Fraudulent Transfer Act. Upon such a complaint, a writ of sequestration or injunction, or both, may be issued upon like terms and conditions as such writs may be issued in other cases, and subject to such proceedings and provisions thereafter as are applicable in other cases of such writs; and the chancellor of the proper district shall have power and authority to grant orders for receivers, in same manner as if the creditor had recovered judgment and had execution returned "no property found." The creditor in such case shall have a lien upon the property described therein from the filing of his complaint, except as against bona fide purchasers before the service of process upon the defendant in the complaint.
Codes, 1880, §§ 1843, 1844, 1845; 1892, § 503; 1906, § 553; Hemingway's 1917, § 1313; 1930, § 407; 1942, § 1327; Laws, 1898, ch. 64; Laws, 2006, ch. 371, § 12, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › GENERAL PROVISIONS (§§ 11-5-1 — 11-5-123) › Section 11-5-77 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
Codes, 1880, § 1934; 1892, § 591; 1906, § 642; Hemingway's 1917, § 404; 1930, § 450; 1942, § 1370.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › GENERAL PROVISIONS (§§ 11-5-1 — 11-5-123) › Section 11-5-79 - Decree to operate as judgment of circuit court

The decree of a court of chancery shall have the force, operation, and effect of a judgment at law in the circuit court.
Codes, 1857, ch. 62, art. 95; 1871, § 1263; 1880, § 1953; 1892, § 594; 1906, § 644; Hemingway's 1917, § 406; 1930, § 453; 1942, § 1373.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › GENERAL PROVISIONS (§§ 11-5-1 — 11-5-123) › Section 11-5-81 - Fieri facias or garnishment on decrees for money

Whenever the court shall render an order, judgment, or decree for the payment of money against any executor, administrator, or guardian, or any other party litigant therein, a compliance with such order, judgment or decree may be enforced by process of fieri facias or garnishment.
Codes, 1880, § 1957; 1892, § 598; 1906, § 648; Hemingway's 1917, § 410; 1930, § 454; 1942, § 1374.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › GENERAL PROVISIONS (§§ 11-5-1 — 11-5-123) › Section 11-5-83 - Sheriff to execute decrees; clerk to issue process

Decrees, where a master or special commissioner is not appointed to execute them, shall be executed by the sheriff; and the clerk shall issue all writs of fieri facias, habere facias possessionem, or other final process, according to the nature of the case, directed to the sheriff, and returnable to the next term of the court or at such other time as in a given case may be prescribed.
Codes, 1857, ch. 62, art. 98; 1871, § 1266; 1880, § 1956; 1892, § 597; 1906, § 647; Hemingway's 1917, § 409; 1930, § 455; 1942, § 1375.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › GENERAL PROVISIONS (§§ 11-5-1 — 11-5-123) › Section 11-5-85 - Decree to operate as a conveyance

When a decree shall be made for a conveyance, release or acquittance, or other writing, and the party against whom the decree is made shall not comply therewith, then such decree shall be considered and taken in all courts of law and equity to have the same operation and effect, and shall be as available, as if the conveyance, release, or acquittance, or other writing had been executed in conformity to the decree; or the court may appoint a commissioner to execute such writing, which shall have the same effect as if executed by the party.
Codes, 1857, ch. 62, art. 96; 1880, § 1954; 1892, § 595; 1906, § 645; Hemingway's 1917, § 407; 1930, § 456; 1942, § 1376.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › GENERAL PROVISIONS (§§ 11-5-1 — 11-5-123) › Section 11-5-87 - and 11-5-89 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
§ 11-5-87. [Codes, 1942, § 1390; Laws, 1934, ch. 252] § 11-5-89. [Codes, 1857, ch. 62, art. 36; 1871, § 1070; 1880, § 1859; 1892, § 519; 1906, § 570; Hemingway's 1917, § 330; 1930, § 470; 1942, § 1391; Laws, 1962, ch. 287]
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › GENERAL PROVISIONS (§§ 11-5-1 — 11-5-123) › Section 11-5-91 - Reopening of judgment rendered on publication only

A defendant against whom a judgment has been rendered on publication only may request to reopen the judgment pursuant to the procedures provided for in the Mississippi Rules of Civil Procedure. The title to property sold to a purchaser, in good faith, in pursuance of a judgment, shall not be affected by reopening of the judgment.
Codes, 1857, ch. 62, art. 37; 1871, § 1071; 1880, § 1860; 1892, § 520; 1906, § 571; Hemingway's 1917, § 331; 1930, § 471; 1942, § 1392; Laws, 1991, ch. 573, § 18, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › GENERAL PROVISIONS (§§ 11-5-1 — 11-5-123) › Section 11-5-93 - Sales of realty under decrees

Every sale of real estate ordered by a decree of any court of chancery shall be made for cash, unless otherwise ordered by the court, and at such place and on such notice as may be directed in the decree; and if direction be not given, at such place and on such notice as is required in case of sales of land under execution at law. The person making the sale, if made on credit, shall take bond, with sufficient security, in double the amount of the purchase money, payable to the parties entitled to receive the same under the decree, or to such persons as the court may direct, conditioned for the payment of the purchase money, with interest at the rate borne by the decree, to the time when the same, as directed by the decree, shall fall due. Such bond shall be returned and filed in the clerk's office, and if not paid at maturity, shall have the force and effect of a judgment; and the clerk shall issue execution thereon. If any of the obligees be dead, the execution shall be in favor of the survivors and the representatives of those deceased. And in all decrees for the sale of real estate, the chancellor may fix a sum to be paid on sale, and if the sale be not confirmed, the sum so paid shall be returned to the bidder. If the purchaser fail to pay the amount of his bid or to comply with the decree, the amount advanced shall go to the party entitled to the purchase money, and the land shall be resold.
Codes, Hutchinson's 1848, ch. 54, art. 2 (33); 1857, ch. 62, art. 59; 1871, § 1038; 1880, § 1959; 1892, § 599; 1906, § 649; Hemingway's 1917, § 411; 1930, § 457; 1942, § 1377.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › GENERAL PROVISIONS (§§ 11-5-1 — 11-5-123) › Section 11-5-95 - Court may fix terms of sale

All property may be sold on such terms and at such time and place as the court may direct.
Codes, 1880, § 2044; 1892, § 601; 1906, § 651; Hemingway's 1917, § 413; 1930, § 458; 1942, § 1378.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › GENERAL PROVISIONS (§§ 11-5-1 — 11-5-123) › Section 11-5-97 - Lien on land sold on credit

All land sold under decree of the chancery court shall be held liable and subject to a lien for the unpaid purchase money therefor as if a mortgage had been executed by the purchaser and duly recorded; and said lien shall exist until actual payment of the purchase money, or until, by order of the court or chancellor, the same shall be discharged.
Codes, 1871, § 1150; 1880, § 2048; 1892, § 602; 1906, § 652; Hemingway's 1917, § 414; 1930, § 459; 1942, § 1379.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › GENERAL PROVISIONS (§§ 11-5-1 — 11-5-123) › Section 11-5-99 - Hour and adjournment of sales

A sale of real estate shall not commence before the hour of eleven o'clock on the day appointed, nor continue longer than four o'clock of the same day; but if the time be insufficient to complete the sale, it may be continued from day to day until completed, by giving public notice to the company present at the conclusion of each day's sale; and such sale on the succeeding day shall commence and end as directed for the first day.
Codes, 1871, § 1152; 1880, § 2049; 1892, § 604; 1906, § 654; Hemingway's 1917, § 416; 1930, § 460; 1942, § 1380.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › GENERAL PROVISIONS (§§ 11-5-1 — 11-5-123) › Section 11-5-101 - Person making sale not to purchase

In no instance shall the person who makes the sale become, either directly or indirectly, the purchaser at a sale made by him.
Codes, 1892, § 603; 1906, § 653; Hemingway's 1917, § 415; 1930, § 461; 1942, § 1381.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › GENERAL PROVISIONS (§§ 11-5-1 — 11-5-123) › Section 11-5-103 - Report of sale of land

And when the sale has been completed, the person making the same shall make report thereof in writing to the court, stating the time and place of sale, the name of the purchaser, and the amount of purchase money, and shall satisfy the court that the directions prescribed in the decree of sale and the law have been followed; and thereupon the court shall proceed to make a decree confirming the sale, unless good reason be shown to the contrary. And the court shall order the person who made the sale to make a conveyance to the purchaser of the land so sold; but if the sale be not reported to the following term, the court may compel the making of a proper report at a subsequent term, and may then confirm or set aside the same; and the person failing to make such report in proper time may be fined, as for a contempt, not exceeding one hundred dollars.
Codes, 1871, § 1151; 1880, § 2050; 1892, § 605; 1906, § 655; Hemingway's 1917, § 417; 1930, § 462; 1942, § 1382.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › GENERAL PROVISIONS (§§ 11-5-1 — 11-5-123) › Section 11-5-105 - On death of executor, or other person authorized, who shall sell or convey

If the executor, administrator, guardian, master, or special commissioner who was ordered to make a sale or lease, shall die, resign, or be removed before doing it, such sale or lease may be made by the successor of such executor, administrator, guardian, master, or commissioner, or by any person appointed by the court or the chancellor in vacation to make it. In case of a death, resignation or removal of an executor, administrator, guardian, master, or commissioner, after making a sale, and before its report or confirmation, or before a conveyance of the title, in case of the sale of land, the court shall ascertain the facts, and, if satisfied that the sale ought to be confirmed, shall make a decree confirming it, and order a conveyance, if land was sold, to be made to the purchaser, either by the successor in the administration or guardianship of the person who made the sale, or by a master or commissioner appointed for that purpose; and such conveyance shall have the same effect to vest the title in the person to whom it is made, as if it had been made and delivered by the person who made the sale.
Codes, 1880, § 2051; 1892, § 606; 1906, § 656; Hemingway's 1917, § 418; 1930, § 463; 1942, § 1383.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › GENERAL PROVISIONS (§§ 11-5-1 — 11-5-123) › Section 11-5-107 - Sales, leases, partitions, may be reported and confirmed in vacation; proceedings

Reports of sales of lands or leases or of partition in kind, where there is no contest, may be made in vacation to the chancellor, and upon five days' notice to the parties and the purchaser or lessee, or to the parties to the proceedings for partition in kind, of the time and place of hearing the application therefor, or upon such publication for any of the interested parties who may be nonresidents of this state, or who cannot be found upon diligent inquiry, as is required for nonresident or absent defendants in chancery, may be confirmed by him. But the said five days' notice to parties and the purchaser, or lessee or to the parties defendant to the proceedings for partition in kind of the time and place of hearing application therefor, and also such publication for any of the interested parties who may be nonresidents of this state, and to persons who cannot be found upon diligent inquiry, may be dispensed with, provided the interlocutory decree ordering said sale or lease or partition in kind shall specifically designate a definite date and place for the hearing of such application to confirm said report of sale, or lease, or partition in kind before the chancellor in vacation, but said application to confirm shall not be heard earlier than five days after the report of such sale or lease, or partition in kind shall have been filed in the proper court with papers in the cause.
Codes, 1892, § 607; 1906, § 657; Hemingway's 1917, § 419; 1930, § 464; 1942, § 1384; Laws, 1900, ch. 95; Laws, 1922, ch. 228.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › GENERAL PROVISIONS (§§ 11-5-1 — 11-5-123) › Section 11-5-109 - Bond to prevent confirmation

The party who objects to a sale under a decree because of the inadequacy of the bid, or any person interested therein, may prevent the confirmation thereof by entering into a bond in a penalty equal to double the amount of the bid, with sufficient sureties, to be approved by the court or clerk, payable to the opposite party, conditioned to pay all costs of a resale, and that the property shall bring thereat an advance of not less than twenty per centum upon the bid, exclusive of the cost of resale.
Codes, 1892, § 600; 1906, § 650; Hemingway's 1917, § 412; 1930, § 465; 1942, § 1385; Laws, 1884, p. 71.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › GENERAL PROVISIONS (§§ 11-5-1 — 11-5-123) › Section 11-5-111 - Decree for balance after sale of property

Upon the confirmation of the report of sale of any property, real or personal, under a decree for sale to satisfy a mortgage, deed of trust, or other lien on such property, if there be a balance due to the complainant, the court, upon motion, shall give a decree against the defendant for any such balance for which by the record of the case he may be personally liable, upon which decree execution may issue.
Codes, 1880, § 1935; 1892, § 592; 1906, § 643; Hemingway's 1917, § 405; 1930, § 466; 1942, § 1386.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › GENERAL PROVISIONS (§§ 11-5-1 — 11-5-123) › Section 11-5-113 - Provisions applicable to all sales made by order or decree of the court

All the provisions of this chapter on the subject of sales shall apply to all sales of real estate under any decree in the chancery court made in matters testamentary and of administration, minors' business, cases of persons with an intellectual disability, persons with mental illness and persons of unsound mind, of partition, and all other matters.
Codes, 1857, ch. 62, art. 59; 1871, § 1038; 1880, § 1959; 1892, § 608; 1906, § 658; Hemingway's 1917, § 420; 1930, § 467; 1942, § 1387; Laws, 2008, ch. 442, § 5; Laws, 2010, ch. 476, § 5, eff. 4/1/2010.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › GENERAL PROVISIONS (§§ 11-5-1 — 11-5-123) › Section 11-5-115 - Rights of infants saved

When a decree shall be made for the sale or conveyance of the real estate of an infant, such decree shall be binding on the infant unless he shall, within one year after attaining the age of eighteen (18) years, show to the court good cause to the contrary; and it shall not be necessary to insert the saving in the decree, but the saving shall not extend to decrees for the sale of the property of deceased persons, authorizing sales by guardians, or enforcing deeds of trust or mortgages.
Codes, 1857, ch. 62, art. 97; 1871, § 1265; 1880, § 1955; 1892, § 596; 1906, § 646; Hemingway's 1917, § 408; 1930, § 468; 1942, § 1388.
Amended by Laws, 2023, ch. 507, SB 2073,§ 4, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › GENERAL PROVISIONS (§§ 11-5-1 — 11-5-123) › Section 11-5-117 - Private sales authorized

(1)
In addition to the law now in force authorizing the chancery court to decree the sale of land and personal property, the chancery court and the chancellor in vacation are authorized in all matters providing for a sale or lease of real and personal property, including matters testamentary and of administration, minors' business, persons with mental illness, partition and receivers, to order or decree the sale or lease of real and personal property or any interest in the property, including timber, oil, gas and minerals, at private sale, under such terms and conditions as the chancellor may impose. If all of the terms of sale are made certain by the order or decree, a deed or lease executed in full compliance with the order or decree shall become immediately effective without further confirmation by the court or chancellor.
(2)
This section shall not be construed to invalidate any proceedings previously done in conformity with this section.
Codes, 1930, § 469; 1942, § 1389; Laws, 1930, ch. 42; Laws, 1936, ch. 327; Laws, 1956, ch. 224, §§ 1-3; Laws, 2008, ch. 442, § 6, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › GENERAL PROVISIONS (§§ 11-5-1 — 11-5-123) › Section 11-5-119 - and 11-5-121 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
§ 11-5-119. [Codes, 1871, § 1034; 1880, § 1896; 1892, § 556; 1906, § 607; Hemingway's 1917, § 367; 1930, § 472; 1942, § 1393] § 11-5-121. [Codes, Hutchinson's 1848, ch. 57, art. 1 (15); 1857, ch. 57, art. 16; 1871, § 2160; 1880, § 2681; 1892, § 2751; 1906, § 3111; Hemingway's 1917, § 2475; 1930, § 2322; 1942, § 752]
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › GENERAL PROVISIONS (§§ 11-5-1 — 11-5-123) › Section 11-5-123 - New bond required when security insufficient in certain cases

When it shall be alleged that the security on an injunction or receiver's bonds, or any bond taken upon any proceeding in the chancery court, is insufficient, the chancellor shall have power to hear and determine the same in vacation, as well as in term time, and may order the injunction to be dissolved, or the receiver to be suspended or removed, or may make such other order as may be just and equitable in the case, unless a new bond with sufficient sureties be given within twenty days, or such time as he shall appoint; but if done in vacation, at least five days' notice of the time and place of making the application shall be given to the opposite party.
Codes, 1880, § 1897; 1892, § 583; 1906, § 634; Hemingway's 1917, § 394; 1930, § 444; 1942, § 1364.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › RECEIVERS (§§ 11-5-151 — 11-5-167) › Section 11-5-151 - Receivers may be appointed or removed in vacation

Receivers may be appointed by the chancellor in vacation, as well as by the chancery court in term time; and any receiver may be removed by the chancellor in vacation, as well as by the chancery court in term time; but before any receiver shall be so removed in vacation, the party applying therefor must give the adverse party, or his solicitor, and the receiver five days' notice of the time and place of presenting such application; such application may be heard in term time on two days' notice.
Codes, 1892, § 576; 1906, § 627; Hemingway's 1917, § 387; 1930, § 435; 1942, § 1355.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › RECEIVERS (§§ 11-5-151 — 11-5-167) › Section 11-5-153 - Receiver not appointed without notice

A receiver shall not be appointed without the party praying the appointment having given the opposite party at least five days' notice of the time and place of making the application, unless it shall appear that an immediate appointment is necessary, or good cause be shown for not giving notice.
Codes, Hutchinson's 1848, ch. 54, art. 19 (1); 1857, ch. 62, art. 74; 1871, § 1052; 1880, § 1921; 1892, § 574; 1906, § 625; Hemingway's 1917, § 385; 1930, § 436; 1942, § 1356.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › RECEIVERS (§§ 11-5-151 — 11-5-167) › Section 11-5-155 - Complainant to give bond before receiver appointed without notice

Before any receiver shall be appointed without notice, the party applying for the appointment shall execute bond, payable to the adverse party, in a sufficient penalty to be fixed by the court or chancellor, with sufficient sureties, conditioned to pay all damages that may be sustained by the appointment of such receiver in case the appointment be revoked; and said bond shall be filed in the cause, and damages may be recovered thereon in the suit in the same manner as damages are recoverable on an injunction bond or the party entitled to damages may maintain an independent suit on such bond for such damages.
Codes, 1892, § 575; 1906, § 626; Hemingway's 1917, § 386; 1930, § 437; 1942, § 1357.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › RECEIVERS (§§ 11-5-151 — 11-5-167) › Section 11-5-157 - Bond in lieu of receiver

On an application for the appointment of a receiver, the court or chancellor may, in the exercise of sound discretion, in lieu of a receiver, order that the party against whom the receiver is asked, execute bond, to be approved by the court or chancellor, payable to the party who asks for the appointment, with sufficient sureties, in a sufficient penalty, to be fixed by the court or chancellor, conditioned according to the nature of the case, as the court or chancellor may direct. Upon the execution, approval, and filing of such bond, the receiver shall not be appointed; and any decree rendered in the cause on final hearing against the principal obligor in the bond shall be rendered against the sureties therein, within the scope of its conditions and penalty. On an application to remove a receiver who shall have been appointed without notice, the court or chancellor may exercise the same discretion, and, in lieu of retaining the receiver, may remove him upon the execution, approval, and filing of such bond; and decree may be rendered thereon as if given on the application for the appointment of a receiver.
Codes, 1892, § 578; 1906, § 629; Hemingway's 1917, § 389; 1930, § 438; 1942, § 1358.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › RECEIVERS (§§ 11-5-151 — 11-5-167) › Section 11-5-159 - Bond of receiver

Every receiver, when appointed, shall, before being authorized to act as such, give bond, payable to the state, in such penalty and with such sureties as may be approved by the court or chancellor, conditioned that he will in all things faithfully discharge the duties of his office as receiver; which bond shall be filed with the clerk of the court, and may be put in suit, in the name of the state, for the use of the party aggrieved, from time to time, until the whole penalty shall be recovered.
Codes, 1857, ch. 62, art. 75; 1871, § 1053; 1880, § 1922; 1892, § 579; 1906, § 630; Hemingway's 1917, § 390; 1930, § 439; 1942, § 1359.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › RECEIVERS (§§ 11-5-151 — 11-5-167) › Section 11-5-161 - Receivers subject to orders of court, and may apply therefor in vacation

Receivers shall be subject to the orders, instructions, and decrees of the court, and of the chancellor in vacation; and they, or any party in interest, may apply therefor in term time, or to the chancellor in vacation, or for modifications of previous orders or instructions; and obedience thereto may be enforced by attachment.
Codes, 1857, ch. 62, art. 77; 1871, § 1055; 1880, § 1924; 1892, § 577; 1906, § 628; Hemingway's 1917, § 388; 1930, § 440; 1942, § 1360.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › RECEIVERS (§§ 11-5-151 — 11-5-167) › Section 11-5-163 - Receiver of estate of decedent, minor

In all cases in which it may be thought to be necessary for the protection of the estate of decedents, minors, and persons of unsound mind, a receiver may be appointed, either by the court or by the chancellor in vacation, subject to the provisions of sections
11-5-151
to
11-5-161
.
Codes, 1880, § 1926; 1892, § 581; 1906, § 632; Hemingway's 1917, § 392; 1930, § 441; 1942, § 1361.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › RECEIVERS (§§ 11-5-151 — 11-5-167) › Section 11-5-165 - Receiver of money paid into court

When money shall be paid into court under its order, a receiver may be appointed to keep the same, who shall give bond and security as in other cases; but if the money shall be ordered to be paid to the clerk of such court, his official bond shall cover it, and an additional bond may be required if the court or chancellor shall think proper.
Codes, Hutchinson's 1848, ch. 54, art. 19 (5); 1857, ch. 62, art. 78; 1871, § 1056; 1880, § 1925; 1892, § 580; 1906, § 631; Hemingway's 1917, § 391; 1930, § 442; 1942, § 1362.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 5 - PRACTICE AND PROCEDURE IN CHANCERY COURTS (§§ 11-5-1 — 11-5-167) › RECEIVERS (§§ 11-5-151 — 11-5-167) › Section 11-5-167 - Compensation of receiver

Receivers shall be entitled to have such compensation for their services as the court shall allow, and shall have a lien upon the property in their hands for the payment thereof, and of their necessary expenses. The court shall make such order to compel the payment thereof as may be just and necessary, and may decree the payment thereof by any of the parties as a portion of the costs of the suit.
Codes, 1857, ch. 62, art. 76; 1871, § 1054; 1880, § 1923; 1892, § 582; 1906, § 633; Hemingway's 1917, § 393; 1930, § 443; 1942, § 1363.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 11-7-1 - Provisions applicable to all courts

All things contained in this chapter, not restricted by their nature or by express provision to particular courts, shall be the rules of decision and proceeding in all courts whatsoever.
Codes, Hutchinson's 1848, ch. 53, art. 2 (100); 1857, ch. 61, art. 189; 1871, § 630; 1880, § 1585; 1892, § 629; 1906, § 687; Hemingway's 1917, § 465; 1930, § 474; 1942, § 1412.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 11-7-3 - Assignee of chose in action may sue

The assignee of any chose in action may sue for and recover on the same in his own name, if the assignment be in writing. In case of a transfer or an assignment of any interest in such chose in action before or after suit brought, the action may be begun, prosecuted and continued in the name of the original party, or the court may allow the person to whom the transfer or assignment of such interest has been made, upon his application therefor, to be substituted as a party plaintiff in said action. If in any case a transfer or assignment of interest in any demand or chose in action be made in writing before or after suit is filed, to an attorney or firm of attorneys, appearing in the case, it shall be sufficient notice to all parties of such assignment or transfer, if such assignment or transfer be filed with the papers in said cause, and such attorney or attorneys shall not be required to be made parties to said suit. An "assignee" for purposes of this section includes both absolute assignees, with or without recourse, and conditional or limited assignees including assignees for collection purposes.
Codes, Hemingway's 1917, § 497; 1930, § 505; 1942, § 1448; Laws, 1916, ch. 134; Laws, 2001, ch. 359, § 1, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 11-7-5 - Assignee's action not prejudicial by set-off

A setoff or other defense existing under Section
11-7-3
at the time of or before notice of the assignment shall not be prejudiced thereby.
Codes, 1857, ch. 61, art. 42; 1871, § 670; 1880, § 1507; 1892, § 660; 1906, § 717; Hemingway's 1917, § 496; 1930, § 506; 1942, § 1449.