reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 19 - EJECTMENT (§§ 11-19-1 — 11-19-105) › Section 11-19-55 - Either party may have a survey made

In case either party shall desire a survey to be made of the premises sued for in ejectment, he may cause the same to be made, after the institution of the suit, by applying to the clerk of the court in which the suit is brought to issue a commission for that purpose, directed to the county surveyor, or other surveyor, authorizing him to make a survey of the premises, and report the same, under oath, to the court at the next term. Such a survey shall not be made without first giving five days' notice to the opposite party at the time of making the same. The party at whose instance the survey was made shall pay the expenses thereof, but may recover the same as costs, in case he succeed in the action and the judgment be that the survey was necessary in deciding the issue.
Codes, 1857, ch. 55, art. 21; 1871, § 1558; 1880, § 2492; 1892, § 1653; 1906, § 1828; Hemingway's 1917, § 1461; 1930, § 1454; 1942, § 805.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 19 - EJECTMENT (§§ 11-19-1 — 11-19-105) › Section 11-19-57 - Action not abated by death

The death of a plaintiff or defendant in ejectment shall not cause the action to abate, but it may be continued after timely substitution of parties as prescribed by the Mississippi Rules of Civil Procedure.
Codes, 1857, ch. 55, art. 22; 1871, § 1559; 1880, § 2493; 1892, § 1654; 1906, § 1829; Hemingway's 1917, § 1462; 1930, § 1455; 1942, § 806; Laws, 1991, ch. 573, § 43, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 19 - EJECTMENT (§§ 11-19-1 — 11-19-105) › Section 11-19-59 - through 11-19-79 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
§ 11-19-59. [Codes, 1857, ch. 55, art. 23; 1871, § 1560; 1880, § 2494; 1892, § 1655; 1906, § 1830; Hemingway's 1917, § 1463; 1930, § 1456, 1942, § 807] § 11-19-61. [Codes, 1857, ch. 55, art. 24; 1871, § 1561; 1880, § 2495; 1892, § 1656; 1906, § 1831; Hemingway's 1917, § 1464; 1930, § 1457; 1942, § 808] § 11-19-63. [Codes, 1857, ch. 55, art. 25; 1871, § 1562; 1880, § 2496; 1892, § 1657; 1906, § 1832, Hemingway's 1917, § 1465; 1930, § 1458; 1942, § 809] § 11-19-65. [Codes, 1857, ch. 55, art. 26; 1871, § 1563; 1880, § 2497; 1892, § 1658; 1906, § 1833; Hemingway's 1917, § 1466; 1930, § 1459; 1942, § 810] § 11-19-67. [Codes, 1857, ch. 55, art. 27; 1871, § 1564; 1880, § 2498; 1892, § 1659; 1906, § 1834, Hemingway's 1917, § 1467; 1930, § 1460; 1942, § 811] § 11-19-69. [Codes, 1857, ch. 55, art. 28; 1871, § 1565; 1880, § 2499, 1892, § 1660; 1906, § 1835; Hemingway's 1917, § 1468; 1930, § 1461; 1942, § 812] § 11-19-71. [Codes, 1857, ch. 55, art. 29; 1871, § 1566; 1880, § 2500; 1892, § 1661; 1906, § 1836; Hemingway's 1917, § 1469; 1930, § 1462; 1942, § 813] § 11-19-73. [Codes, 1857, ch. 55, art. 30; 1871, § 1567; 1880, § 2501; 1892, § 1662; 1906, § 1837; Hemingway's 1917, § 1470; 1930, § 1463; 1942, § 814] § 11-19-75. [Codes, 1857, ch. 55, art. 31; 1871, § 1568; 1880, § 2502; 1892, § 1663; 1906, § 1838; Hemingway's 1917, § 1471; 1930, § 1464; 1942, § 815] § 11-19-77. [Codes, 1857, ch. 55, art. 34; 1871, § 1571; 1880, § 2515; 1892, § 1664; 1906, § 1839, Hemingway's 1917, § 1472; 1930, § 1465; 1942, § 816] § 11-19-79. [Codes, 1857, ch. 55, art. 14; 1871, § 1552; 1880, § 2503; 1892, § 1665; 1906, § 1840; Hemingway's 1917, § 1473; 1930, § 1466; 1942, § 817]
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 19 - EJECTMENT (§§ 11-19-1 — 11-19-105) › Section 11-19-81 - When title of plaintiff has expired

If it appear at the trial that the plaintiff or plaintiffs, or one (1) of them, was, at the commencement of the action, entitled to recover possession of the premises in question, or of some part thereof, but that his or their title has expired at the time of the trial, the plaintiff or plaintiffs so entitled shall, notwithstanding such expiration, have a verdict according to the fact that he had such right of recovery at the commencement of the action, and shall recover his costs of suit; but as to the premises claimed, the judgment shall be that the plaintiff be involuntarily dismissed.
Codes, 1857, ch. 55, art. 15; 1871, § 1553; 1880, § 2504; 1892, § 1666; 1906, § 1841; Hemingway's 1917, § 1474; 1930, § 1467; 1942, § 818; Laws, 1991, ch. 573, § 44, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 19 - EJECTMENT (§§ 11-19-1 — 11-19-105) › Section 11-19-83 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
Codes, 1857, ch. 55, art. 16; 1871, § 1554; 1880, § 2505; 1892, § 1667; 1906, § 1842; Hemingway's 1917, § 1475; 1930, § 1468; 1942, § 819.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 19 - EJECTMENT (§§ 11-19-1 — 11-19-105) › Section 11-19-85 - Trial of action between cotenants

In case the action be brought by some one of several persons entitled as joint tenants, tenants in common, or coparceners, any joint tenant, tenant in common, or coparcener defending the action, may give notice with his answer or other defense that he admits the right of the plaintiff to an undivided share of the property, stating what share, but denies any actual ouster of him from the property. Upon the trial of the issue, if it appear that the defendant is a joint tenant, tenant in common, or coparcener with the plaintiff, and actual ouster shall not be proved, then the plaintiff shall be involuntarily dismissed, with costs. But if it be proved either that the defendant is not a joint tenant, tenant in common, or coparcener, or that an actual ouster had taken place, then the jury shall so find by the verdict, and the plaintiff shall have judgment in accordance with the verdict for the recovery of possession and costs.
Codes, 1857, ch. 55, art. 18; 1871, § 1555; 1880, § 2506; 1892, § 1668; 1906, § 1843; Hemingway's 1917, § 1476; 1930, § 1469; 1942, § 820; Laws, 1991, ch. 573, § 45, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 19 - EJECTMENT (§§ 11-19-1 — 11-19-105) › Section 11-19-87 - When a crop is growing on the land

If the jury find for the plaintiff in an action of ejectment, and the defendant have a crop then planted and growing upon the premises in question, it shall assess a reasonable rent for the plaintiff to receive for the use of the premises, for such time as it may think necessary for the defendant to make and gather his crop. If the defendant enter into bond with security, to be approved by the court, or by the clerk in vacation, in a penalty of double the amount of rent so assessed, payable to the plaintiff, conditioned for the payment of the rent assessed at the expiration of the term fixed by the jury for the defendant to hold possession of the premises, then a writ of possession shall not issue upon the judgment in the action, until the expiration of the time so allowed by the jury. The bond shall be filed in the office of the clerk of the court, and, if forfeited, shall have the force and effect of a judgment, and execution may issue thereon against the principal and sureties as upon other judgments in the court.
Codes, Hutchinson's 1848, ch. 61, art. 1 (88), 1857, ch. 55, art. 19; 1871, § 1556; 1880, § 2507; 1892, § 1669; Laws, 1906, § 1844; Hemingway's 1917, § 1477; Laws, 1930, § 1470; Laws, 1942, § 821.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 19 - EJECTMENT (§§ 11-19-1 — 11-19-105) › Section 11-19-89 - Proceedings as to crop upon affirmance of judgment in Supreme Court

If a judgment in favor of the plaintiff in an action of ejectment be affirmed by the Supreme Court, and the appellant have a crop then planted and growing upon the premises in question, and shall file with the clerk of the circuit court in which the judgment was recovered an affidavit of the fact, and shall undertake, in writing, with such sureties and such sum as the clerk may require, to pay to the opposite party the rent which may be adjudged to be paid for the use and occupation of said premises until the end of the current year, a writ of possession shall not issue until the end of the year, and the affidavit and security for rent shall be filed by the clerk among the papers in the case. The clerk may examine the parties and other persons on oath as to the value of such rent and the sufficiency of the sureties, and may require their statements to be written and signed by them.
Codes, 1880, §§ 2508, 2509; 1892, § 1670; 1906, § 1845; Hemingway's 1917, § 1478; 1930, § 1471; 1942, § 822.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 19 - EJECTMENT (§§ 11-19-1 — 11-19-105) › Section 11-19-91 - Judgment on the bond in proceedings involving crop

If such rent be not paid, on motion of the plaintiff, a motion to assess damages shall be executed at the next or any future term of the circuit court to ascertain the value of the rent of said premises, and judgment shall be rendered on the verdict for the amount found by the jury against the parties bound on such undertaking for rent. If any have died, like proceedings shall be had as provided in case of the death of any of the sureties on the bond of a claimant of personal property levied on under execution before final judgment.
Codes, 1880, § 2510; 1892, § 1671; 1906, § 1846; Hemingway's 1917, § 1479; 1930, § 1472; 1942, § 823; Laws, 1991, ch. 573, § 46, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 19 - EJECTMENT (§§ 11-19-1 — 11-19-105) › Section 11-19-93 - Exceptions to insufficient bond

If the plaintiff allege that the amount of the security required by the clerk for rent to prevent the issuance of a writ of possession is insufficient, the circuit judge, in term time or vacation, shall hear the allegations and inquire into the matter, and may order a new undertaking for the rent to be given within such time as he shall prescribe; and if it shall not be given, a writ of possession shall be issued as if security for rent had not been given. Five days' notice of such complaint to the circuit judge shall be given to the opposite party.
Codes, 1880, § 2511; 1892, § 1672; 1906, § 1847; Hemingway's 1917, § 1480; 1930, § 1473; 1942, § 824.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 19 - EJECTMENT (§§ 11-19-1 — 11-19-105) › Section 11-19-95 - Mesne profits and compensation for improvements

In all cases where the defendant in ejectment would be liable for mesne profits and damages, the plaintiff may declare for and recover the same in the action of ejectment, or he may have his action for mesne profits after the recovery in ejectment as heretofore. It shall be lawful in all cases for the defendant in ejectment, whether the plaintiff demand mesne profits or damages or not, or in an action of mesne profits, to plead the value of all permanent, valuable and not ornamental improvements made on the land by the defendant, or by any one under whom he holds, before notice of the intention of the plaintiff to bring the action, and all taxes that may have been lawfully paid on the land by defendant or those under whom he holds up to the date of trial, including interest, costs, and damages incident to such taxes; but a defendant shall not be entitled to such compensation for improvements or taxes unless he claim the premises under some deed or contract of purchase acquired or made in good faith.
Codes, Hutchinson's 1848, ch. 59, art. 13 (1); 1857, ch. 55, art. 20; 1871, § 1557; 1880, § 2512; 1892, § 1673; 1906, § 1848; Hemingway's 1917, § 1481; 1930, § 1474; 1942, § 825.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 19 - EJECTMENT (§§ 11-19-1 — 11-19-105) › Section 11-19-97 - How improvements estimated and judgment therefor

The jury shall find the actual cash value of such improvements and the amount of taxes paid, the value of the mesne profits and damages, and the actual cash value of the land without the improvements. Where the value of the improvements and taxes exceed the value of the mesne profits and damages, the defendant shall have a lien upon the land for the difference between the value of the mesne profits and the value of the improvements and taxes so found, and execution shall not issue in favor of the plaintiff until he shall have paid the amount so due to the defendant. Unless the plaintiff, within three months after the rendition of the verdict, pay the amount so due, the defendant may pay to the plaintiff the assessed value of the land with interest from the date of the verdict, and pay the costs of the suit, and thereupon the execution of the judgment for the recovery of the land shall be perpetually stayed. If the defendant fail to pay to the plaintiff the value of the land so assessed, with interest and costs of suit, within three months after the expiration of the time allowed the plaintiff for making payment, an execution shall issue for the sale of the land recovered in the ejectment.
Codes, Hutchinson's 1848, ch. 59, art. 13 (3); 1857, ch. 55, art. 20; 1871, § 1557; 1880, § 2512; 1892, § 1674; 1906, § 1849; Hemingway's 1917, § 1482; 1930, § 1475; 1942, § 826.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 19 - EJECTMENT (§§ 11-19-1 — 11-19-105) › Section 11-19-99 - How proceeds divided in case of sale

The proceeds of the sale, after payment of costs, shall be divided between the plaintiff and the defendant in proportion to the sums due them respectively as found by the verdict.
Codes, 1857, ch. 55, art. 20; 1871, § 1557; 1880, § 2512; 1892, § 1675; 1906, § 1850; Hemingway's 1917, § 1483; 1930, § 1476; 1942, § 827.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 19 - EJECTMENT (§§ 11-19-1 — 11-19-105) › Section 11-19-101 - Reversioner or remainderman to have appeal

If a tenant for life be impleaded, and judgment given against him for the lands or tenements, then the person to whom the reversion or remainder belongs at the time of such judgment, his heirs or successors, may have an appeal as well in the lifetime of the tenant as after his death. If the judgment be reversed, the tenant, if living, shall be restored to the possession of the lands or tenements, and the party prosecuting the appeal shall be entitled to the arrearages of rent for the same. If the tenant be dead at the time of judgment given on the appeal, then restitution of the lands or tenements shall be made to the party prosecuting the appeal, together with the arrearages of rent. If the party prosecuting the appeal allege that the judgment first obtained against the tenant was by covin or assent, then restitution shall be made to the party prosecuting such appeal with arrearages of rent, although the tenant be living; but in such case the tenant may have a scire facias against the party appealing if he deny and traverse the covin or assent, but not otherwise.
Codes, 1880, § 2518; 1892, § 1676; 1906 § 1851; Hemingway's 1917, § 1484; 1930, § 1477; 1942, § 828.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 19 - EJECTMENT (§§ 11-19-1 — 11-19-105) › Section 11-19-103 - Judgment as res adjudicata

A judgment in an action of ejectment shall be conclusive as to the right of possession established upon the party against whom it is recovered, and upon all persons claiming from, through, or under such party, by title arising after the commencement of the action; but if any person against whom such judgment is recovered shall be, at the time of its recovery, an infant or person of unsound mind, the judgment shall not be a bar to an action commenced by such person, or any one claiming by inheritance from, through, or under him, within three years after the removal of his disability.
Codes, 1857, ch. 55, art. 32; 1871, § 1569; 1880, § 2513; 1892, § 1677; 1906, § 1852; Hemingway's 1917, § 1485; 1930, § 1478; 1942, § 829.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 19 - EJECTMENT (§§ 11-19-1 — 11-19-105) › Section 11-19-105 - Record may be recorded as a deed

A certified copy of the complaint, the writ, the answer or other defense, if any, and the judgments in an ejectment suit may be recorded, without acknowledgment by anyone, in the proper record of conveyances of land in the county in which the land is situated; and the same shall be indexed as a deed from the unsuccessful party to the party in whose favor the final judgment is rendered.
Codes, 1892, § 1678; 1906, § 1853; Hemingway's 1917, § 1486; 1930, § 1479; 1942, § 830; Laws, 1991, ch. 573, § 47, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 21 - PARTITION OF PROPERTY (§§ 11-21-1 — 11-21-81) › REALTY (§§ 11-21-1 — 11-21-45) › Section 11-21-1 - Partition by agreement and by arbitration; partition of homestead property

(1)
Partition of land held by adult joint tenants, tenants in common, and coparceners, may be made by agreement, which shall be evidenced by a writing, signed by the parties, and containing a description of the particular part allotted to each, and recorded in the office of the clerk of the chancery court of the proper county or counties, and shall be binding and conclusive on the parties. They may also bind themselves by written agreement to submit the partition to the arbitrament of one or more persons to be chosen by them, and to abide the partition made by the arbitrators and the articles of submission; and the written award shall be recorded in the office of the clerk of the chancery court of the proper county or counties, and shall be final and conclusive between the parties, unless made or procured by fraud.
(2)
Homestead property exempted from execution that is owned by spouses shall be subject to partition pursuant to the provisions of this section only, and not otherwise.
Codes, 1857, ch. 36, art. 48; 1871, § 1839; 1880, § 2552; 1892, § 3096; 1906, § 3520; Hemingway's 1917, § 2832; 1930, § 2919; 1942, § 960; Laws, 2009, ch. 517, § 1, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 21 - PARTITION OF PROPERTY (§§ 11-21-1 — 11-21-81) › REALTY (§§ 11-21-1 — 11-21-45) › Section 11-21-3 - Partition by decree of chancery court

Partition of land held by joint tenants, tenants in common, or coparceners, having an estate in possession or a right of possession and not in reversion or remainder, whether the joint interest be in the freehold or in a term of years not less than five (5), may be made by judgment of the chancery court of that county in which the lands or some part thereof, are situated; or, if the lands be held by devise or descent, the division may be ordered by the chancery court of the county in which the will was probated or letters of administration granted, although none of the lands be in that county.
However, any person owning an indefeasible fee simple title to an undivided interest in land may procure a partition of said land and have the interest of such person set apart in fee simple free from the claims of life or other tenants, remaindermen or reversioners, provided the life or other tenants, and other known living persons having an interest in the lands, are made defendants if they do not join in the proceeding as plaintiffs.
Codes, 1857, ch. 36, art. 48; 1871, § 1811; 1880, § 2553; 1892, § 3097; 1906, § 3521; Hemingway's 1917, § 2833; 1930, § 2920; 1942, § 961; Laws, 1946, ch. 317, § 1; Laws, 1991, ch. 573, § 48, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 21 - PARTITION OF PROPERTY (§§ 11-21-1 — 11-21-81) › REALTY (§§ 11-21-1 — 11-21-45) › Section 11-21-5 - Parties to proceedings for partition

Any of the parties in interest, whether infants or adults, may institute proceedings for the partition of lands or for a partition sale thereof, by judgment of court as herein provided, except that if the court determines that the property is heir property under the Uniform Partition of Heir Property Act, then such partition or sale must comply with the provisions of Title 91, Chapter 31, Mississippi Code of 1972. All persons in interest must be made parties except (a) in cases where a part of the freehold is owned by persons owning a life estate therein or a life tenancy therein subject to the rights of remaindermen or reversioners, then, in such event, it shall only be necessary that the person or persons owning or claiming a life estate or life tenancy therein be made parties; and (b) in cases where the partition is for the surface of the land only, it shall not be necessary that persons owning divided or undivided interests in the minerals in the land be made parties unless such persons also have an interest in the surface of the land. An infant, or person of unsound mind, may sue by next friend as in other cases; but if the infant, or non compos mentis, have a guardian, the guardian must appear as next friend, unless good cause to the contrary be shown. Where an infant or non compos is made a party defendant, the guardian, if any, of such infant or non compos shall also be made a party, whether the infant or non compos be resident or nonresident and whether the guardian be a resident or a nonresident; and the said guardian may appear and answer the complaint. The summons to the defendants, including the guardian aforesaid, shall be made pursuant to the Mississippi Rules of Civil Procedure. The word "guardian," where used in this section, shall be held to apply also to all persons who, under the laws of any other state or country, stand in that relation whether known as curator, tutor, committee or conservator, or by whatever other name or title such person may be known.
Codes, Hutchinson's 1848, ch. 42, art. 2 (1); 1857, ch. 36, art. 48; 1871, § 1814; 1880, §§ 2556, 2557; 1892, § 3098; 1906, § 3522; Hemingway's 1917, § 2834; 1930, § 2921; 1942, § 962; Laws, 1918, ch. 130; Laws, 1946, ch. 317, § 2; Laws, 1983, ch. 378, § 1; Laws, 1991, ch. 573, § 49, eff. 7/1/1991.
Amended by Laws, 2020, ch. 433, SB 2553,§ 14, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 21 - PARTITION OF PROPERTY (§§ 11-21-1 — 11-21-81) › REALTY (§§ 11-21-1 — 11-21-45) › Section 11-21-7 - Proceedings same as in other cases; when ex parte petitions may be heard

Except as otherwise provided herein, the proceedings for partition shall be instituted and conducted as other suits in chancery; and all ex parte petitions may be heard and determined by the chancellor in term time or in vacation.
Codes, 1871, § 1815; 1880, § 2558; 1892, § 3099; 1906, § 3523; Hemingway's 1917, § 2835; 1930, § 2922; 1942, § 963; Laws, 1960, ch. 224.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 21 - PARTITION OF PROPERTY (§§ 11-21-1 — 11-21-81) › REALTY (§§ 11-21-1 — 11-21-45) › Section 11-21-9 - Controverted title and all equities disposed of

If the title of the plaintiffs seeking partition or sale of land for a division shall be controverted, it shall not be necessary for the court to dismiss the complaint, but the question of title shall be tried and determined in the suit and the court shall have power to determine all questions of title, and to remove all clouds upon the title, if any, of the lands whereof partition is sought and to apportion encumbrances, if partition be made of land encumbered and it be deemed proper to do so. The court may adjust the equities between and determine all claims of the several cotenants, as well as the equities and claims of encumbrancers.
Codes, 1871, § 1817; 1880, § 2576; 1892, § 3101; 1906, § 3525; Hemingway's 1917, § 2837; 1930, § 2923; 1942, § 964; Laws, 1991, ch. 573, § 50, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 21 - PARTITION OF PROPERTY (§§ 11-21-1 — 11-21-81) › REALTY (§§ 11-21-1 — 11-21-45) › Section 11-21-11 - Court may order sale in first instance

If, upon hearing, the court be of the opinion that a sale of the lands, or any part thereof, will better promote the interest of all parties than a partition in kind, or if the court be satisfied that an equal division cannot be made, it shall order a sale of the lands, or such part thereof as may be deemed proper, and a division of the proceeds among the cotenants according to their respective interests. The court may appoint a master to make the sale, and may make all proper orders to protect the rights of the parties interested. The court may order the sale of a part of the land and the partition in kind of the residue.
Before the court shall order a sale of the lands, the court may cause an appraisal to be made of the property, the expense of which shall be taxed and collected as costs in the proceedings. If the court causes an appraisal of the property to be made, then, subsequent to the receipt and filing of the appraisal with the court, the court shall hold in abeyance its order for sale of the land for a period of thirty (30) days in order to allow the parties the opportunity to reach an agreement as to a partition in kind or sale of the lands.
Codes, 1871, § 1829; 1880, § 2559; 1892, § 3100; 1906, § 3524; Hemingway's 1917, § 2836; 1930, § 2924; 1942, § 965; Laws, 1958, ch. 251; Laws, 1984, ch. 437, § 1; Laws, 1991, ch. 573, § 51, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 21 - PARTITION OF PROPERTY (§§ 11-21-1 — 11-21-81) › REALTY (§§ 11-21-1 — 11-21-45) › Section 11-21-13 - Partition without masters; owelty

If, at the hearing, it appear that the intervention of masters is unnecessary to secure an equal partition in kind, or that the same can be effected by providing owelty, and that it would best promote the interest of the parties, the court may order the partition and fix the amount to be paid by one (1) or several cotenants to another or others; or this may be done on hearing the report of the master.
Codes, 1892, § 3102; 1906, § 3526; Hemingway's 1917, § 2838; 1930, § 2925; 1942, § 966; Laws, 1958, ch. 252; Laws, 1991, ch. 573, § 52, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 21 - PARTITION OF PROPERTY (§§ 11-21-1 — 11-21-81) › REALTY (§§ 11-21-1 — 11-21-45) › Section 11-21-15 - Judgment appointing masters

If the judgment is for a partition of the land, it shall state the number of shares into which the land is to be divided, and shall appoint not more than three (3) discreet freeholders, not related to the parties by consanguinity or affinity, to make partition according to the judgment. Either party may object to any master for cause, and, in case the objection is sustained, the place shall be filled by another appointment. If any vacancy occurs among the masters, the chancellor may fill the vacancy at any time by written appointment.
Codes, Hutchinson's 1848, ch. 42, art. 2 (2); 1857, ch. 36, art. 51; 1871, § 1819; 1880, §§ 2560, 2561; 1892, § 3103; 1906, § 3327; Hemingway's 1917, § 2839; 1930, § 2926; 1942, § 967; Laws, 1958, ch. 259; Laws, 1991, ch. 573, § 53, eff. 7/1/1991.
Amended by Laws, 2014, ch. 413, HB 32, 1, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 21 - PARTITION OF PROPERTY (§§ 11-21-1 — 11-21-81) › REALTY (§§ 11-21-1 — 11-21-45) › Section 11-21-17 - Oath of special commissioners

Before the special commissioners enter upon the discharge of their duties, they shall take and subscribe an oath before some competent officer, that they will honestly, faithfully and impartially make the partition decreed, and perform the duties required of them to the best of their skill, knowledge and judgment.
Codes, Hutchinson's 1848, ch. 42, art. 2 (3); 1857, ch. 36, art. 52; 1871, § 1822; 1880, § 2562; 1892, § 3104; 1906, § 3528; Hemingway's 1917, § 2840; 1930, § 2927; 1942, § 968; Laws, 1958, ch. 258.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 21 - PARTITION OF PROPERTY (§§ 11-21-1 — 11-21-81) › REALTY (§§ 11-21-1 — 11-21-45) › Section 11-21-19 - Survey made and division into shares

The special commissioners shall, if deemed advisable, cause a survey to be made of the lands to be divided, in their presence, and shall divide the same into the number of parts or shares directed in the order containing their appointment, each part or share to contain one or more lots, as the special commissioners may think proper, having regard to the situation, quantity, quality and advantages of each part or share, so that they may be equal in value as nearly as may be, or according to the respective rights of the parties. If the bounds or title of any tract be controverted and the controverted part be valuable, the special commissioners shall separate it from the part not controverted, and make a partition of the tract or tracts in such manner that a portion of the controverted part may be allotted to each share, as well as a portion of the part not controverted. The special commissioners, or any one of them, previous to the survey, if any, shall administer an oath to the surveyors and chain bearers that they will honestly and impartially perform their respective duties.
Codes, Hutchinson's 1848, ch. 42, art. 2 (4); 1857, ch. 36, art. 53; 1871, § 1823; 1880, § 2563; 1892, § 3105; 1906, § 3529; Hemingway's 1917, § 2841; 1930, § 2928; 1942, § 969; Laws, 1958, ch. 249.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 21 - PARTITION OF PROPERTY (§§ 11-21-1 — 11-21-81) › REALTY (§§ 11-21-1 — 11-21-45) › Section 11-21-21 - Allotment of shares by ballot

The special commissioners, if the same have not been done by the surveyor, shall make a plat of land to be divided; shall make true field notes, specifying the metes and bounds of the several shares, and of each parcel of each share which contains more than one parcel; and the several shares and parcels of shares shall be distinctly designated on the plat and numbered from one progressively, and the same number shall designate the several parcels of one share; and they shall allot the several shares in the following manner: The special commissioners shall publicly number as many tickets as there are shares marked on the plat, and put the tickets into a hat or box, and the names of the persons entitled to shares shall be written on separate tickets and put into another hat or box, when a person appointed for that purpose by the special commissioners shall proceed to draw a ticket of those containing the names, and then a ticket of the numbers, and so proceed until the whole are drawn; and the number which shall be drawn to the name of any cotenant shall be his separate share in the land so divided. The special commissioners shall make certificate of the balloting, signed by them, specifying the time, place and manner thereof, and the allotment of shares.
Codes, Hutchinson's 1848, ch. 42, art. 2(6); 1857, ch. 36, art. 54; 1871, § 1824; 1880, § 2534; 1892, § 3106; 1906, § 3530; Hemingway's 1917, § 2842; 1930, § 2929; 1942, § 970; Laws, 1958, ch. 250.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 21 - PARTITION OF PROPERTY (§§ 11-21-1 — 11-21-81) › REALTY (§§ 11-21-1 — 11-21-45) › Section 11-21-23 - Assignment of shares and owelty

Instead of making an allotment of shares by ballot, the special commissioners may assign shares to the parties entitled, if so directed by the court or chancellor, or if they find it desirable, and in any case, if an equal partition in kind cannot be made otherwise, or so advantageously, the special commissioners may assess the amount of money to be paid by one or more of the cotenants to another or others, so as to equalize their respective shares.
Codes, 1871, § 2567; 1880, § 2564; 1892, § 3107; 1906, § 3531; Hemingway's 1917, § 2843; 1930, § 2930; 1942, § 971; Laws, 1958, ch. 244.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 21 - PARTITION OF PROPERTY (§§ 11-21-1 — 11-21-81) › REALTY (§§ 11-21-1 — 11-21-45) › Section 11-21-25 - Report of special commissioners

The special commissioners shall make to the court, at the first term held after they have acted, or else as the court shall direct, a full report, in writing, of their proceedings, which, on exceptions filed at any time before its confirmation, for good cause shown may be set aside by the court, and other special commissioners appointed, or the same special commissioners may be directed to make a new partition; or the partition may be modified by the court in any particular, and be confirmed as thus modified.
Codes, Hutchinson's 1848, ch. 42, art. 2(8); 1857, ch. 36, art. 55; 1871, § 1825; 1880, § 2565; 1892, § 3108; 1906, § 3532; Hemingway's 1917, § 2844; 1930, § 2931; 1942, § 972; Laws, 1958, ch. 254.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 21 - PARTITION OF PROPERTY (§§ 11-21-1 — 11-21-81) › REALTY (§§ 11-21-1 — 11-21-45) › Section 11-21-27 - Land sold when not capable of division

If, after a judgment for partition and the appointment of masters, it shall appear from the report of the masters, or on exceptions to their report, that a just and equal division of the land cannot be made, or that a sale will better promote the interest of all the cotenants, the court shall order a sale of the land, or such part thereof as may be deemed proper, and a division of the proceeds among those interested, as provided for.
Before the court shall order a sale of the lands, the court may cause an appraisal to be made of the property, the expense of which shall be taxed and collected as costs in the proceedings. If the court causes an appraisal of the property to be made, then, subsequent to the receipt and filing of the appraisal with the court, the court shall hold in abeyance its order for sale of the land for a period of thirty (30) days in order to allow the parties the opportunity to reach an agreement as to a partition in kind or sale of the lands.
Codes, 1857, ch. 36, art. 59; 1871, § 1829; 1880, § 2566; 1892, § 3111; 1906, § 3535; Hemingway's 1917, § 2847; 1930, § 2932; 1942, § 973; Laws, 1958, ch. 246; Laws, 1984, ch. 437, § 2; Laws, 1991, ch. 573, § 54, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 21 - PARTITION OF PROPERTY (§§ 11-21-1 — 11-21-81) › REALTY (§§ 11-21-1 — 11-21-45) › Section 11-21-29 - Compensation of masters

The court in which the cause is pending, or the chancellor or judge thereof in vacation, shall fix and allow reasonable compensation for each of the masters, and such compensation shall be taxed and collected as costs in the suit.
Codes, Hutchinson's 1848, ch. 42, art. 2(9); 1857, ch. 36, art. 57; 1871, § 1840; 1880, § 2575; 1892, § 3109; 1906, § 3533; Hemingway's 1917, § 2845; 1930, § 2933; 1942, § 974; Laws, 1928, ch. 299; Laws, 1960, ch. 225; Laws, 1991, ch. 573, § 55, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 21 - PARTITION OF PROPERTY (§§ 11-21-1 — 11-21-81) › REALTY (§§ 11-21-1 — 11-21-45) › Section 11-21-31 - Attorney's fees

In all cases of the partition or sale of property for division of proceeds, the court may allow a reasonable attorney's fee to the attorney or the plaintiff, to be taxed as a common charge on all the interests, and to be paid out of the proceeds in case of a sale, and to be a lien on the several parts in case of partition.
Codes, 1880, § 2577; 1892, § 3119; 1906, § 3542; Hemingway's 1917, § 2854; 1930, § 2934; 1942, § 975; Laws, 1991, ch. 573, § 56, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 21 - PARTITION OF PROPERTY (§§ 11-21-1 — 11-21-81) › REALTY (§§ 11-21-1 — 11-21-45) › Section 11-21-33 - Owelty a lien

In all cases where owelty is allowed, it shall be a lien upon the share of the party charged therewith, which shall be superior to all other liens made or suffered by such party.
Codes, 1880, § 2567; 1892, § 3110; 1906, § 3534; Hemingway's 1917, § 2846; 1930, § 2935; 1942, § 976.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 21 - PARTITION OF PROPERTY (§§ 11-21-1 — 11-21-81) › REALTY (§§ 11-21-1 — 11-21-45) › Section 11-21-35 - Final judgment and judgment confirming partition

The final judgment of the chancery court in partition proceedings shall ascertain and settle the rights of all parties; and it, and the judgment confirming the partition, shall constitute an instrument of evidence in all questions as to the title of the lands which may be the subject of the judgment, in all courts, and shall be conclusive as to the rights of all parties to the suit, and subject to motions and other post trial review, as in other suits, and to a repartition as provided.
Codes, 1871, § 1828; 1880, § 2568; 1892, § 3112; 1906, § 3536; Hemingway's 1917, § 2848; 1930, § 2936; 1942, § 977; Laws, 1991, ch. 573, § 57, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 21 - PARTITION OF PROPERTY (§§ 11-21-1 — 11-21-81) › REALTY (§§ 11-21-1 — 11-21-45) › Section 11-21-37 - Recording of judgments

Judgments making partition shall be recorded in the record book of conveyances of the county or district in which any of the lands are situated, within three (3) months after the partition is confirmed; and a partition, the judgment making which is not so deposited with the clerk for record, shall not be valid as against purchasers without notice, or against creditors.
Codes, 1871, § 1828; 1880, § 2569; 1892, § 3113; 1906, § 3537; Hemingway's 1917, § 2849; 1930, § 2937; 1942, § 978; Laws, 1991, ch. 573, § 58, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 21 - PARTITION OF PROPERTY (§§ 11-21-1 — 11-21-81) › REALTY (§§ 11-21-1 — 11-21-45) › Section 11-21-39 - Lien created by party binding on his share

Any mortgage or other lien executed by any joint tenant, tenant in common, or coparcener, shall remain in force on the share of such cotenant after partition, and on his share only; but this shall not prevent the holder of such mortgage or other lien from asserting claim to owelty awarded to such cotenant.
Codes, 1857, ch. 36, art. 62; 1871, § 1836; 1880, § 2572; 1892, § 3115; 1906, § 3539; Hemingway's 1917, § 2851; 1930, § 2938; 1942, § 979.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 21 - PARTITION OF PROPERTY (§§ 11-21-1 — 11-21-81) › REALTY (§§ 11-21-1 — 11-21-45) › Section 11-21-41 - Paramount rights not affected

Nothing herein contained shall be construed so as to injure, prejudice, defeat or destroy the estate, right, or title of any person claiming a tract of land, or any part thereof, or any piece or lot of land by title under any other person, or title paramount to the title of the joint tenants, tenants in common, or coparceners, among whom partition may have been made.
Codes, Hutchinson's 1848, ch. 42, art. 2(14); 1857, ch. 36, art. 64; 1871, § 1838; 1880, § 2573; 1892, § 3117; 1906, § 3540; Hemingway's 1917, § 2852; 1930, § 2939; 1942, § 980.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 21 - PARTITION OF PROPERTY (§§ 11-21-1 — 11-21-81) › REALTY (§§ 11-21-1 — 11-21-45) › Section 11-21-43 - Party evicted to have partition of residue

If any person who has received a share of land partitioned, shall be evicted therefrom, or from any portion thereof, by a paramount title existing at the time of the partition, and there be a residue of land left not subject to such paramount title, the party so evicted shall be entitled to a new partition of the residue.
Codes, 1857, ch. 36, art. 61; 1871, § 1835; 1880, § 2571; 1892, § 3114; 1906, § 3538; Hemingway's 1917, § 2850; 1930, § 2940; 1942, § 981.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 21 - PARTITION OF PROPERTY (§§ 11-21-1 — 11-21-81) › REALTY (§§ 11-21-1 — 11-21-45) › Section 11-21-45 - New partition; when

Where the partition was in kind, any joint tenant, tenant in common, or coparcener shall be entitled to a new partition at any time within one year after the first partition, provided, he shall present his sworn petition for that purpose to the chancery court which decreed the partition and shall show thereby (a) that at the time of the partition he was absent from, or a nonresident of the state, and (b) that neither he nor any agent of his received any notice or knowledge whatever of the pendency of the bill for partition, and (c) that the first partition was unfair or unjust or fraudulent as to him, and (d) shall exhibit with said petition the affidavit of at least one credible person to the same effect. Whereupon, if satisfied with the truth of all the grounds aforesaid, the court may proceed to award a new partition; but one who has made improvements on the share first assigned him shall not be evicted from such share; nor shall the improvements be estimated by the second commissioners in fixing its value, but it shall be valued as though the improvements had not been made. If the premises have been sold, and purchased by any of the joint tenants, tenants in common, or coparceners, the nonresident or absent joint tenant, tenant in common or coparcener shall be entitled to set aside such sale at any time within one year thereafter, if it can be shown to have been unfairly made, and fraudulent as to him. In proceedings under this section, all persons interested shall be summoned to appear and contest the application.
Codes, 1857, ch. 36, art. 60; 1871, § 1834; 1880, § 2574; 1892, § 3118; 1906, § 3541; Hemingway's 1917, § 2853; 1930, § 2941; 1942, § 982.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 21 - PARTITION OF PROPERTY (§§ 11-21-1 — 11-21-81) › PERSONALTY (§§ 11-21-71 — 11-21-81) › Section 11-21-71 - Partition of personalty

Any person entitled to a division of personal property may apply therefor to the chancery court of the proper county, subject to the foregoing provisions of Sections
11-21-1
through
11-21-45
in reference to land, as far as applicable, considering the difference in the kind of property; and a sale or a division may be ordered in such cases, as provided for in case of land which is incapable of equal division, or which it may be to the interest of the parties to sell, and the court shall have power to make all such orders as may be necessary to protect the rights of parties. And any sale or partition ordered in such cases shall be made and reported as in case of the sale or partition of land; and decrees making partition shall vest title according to their terms. In such cases, the court or chancellor may make all orders, and cause to be issued all process necessary to secure the rights of parties; and writs of sequestration may be issued as provided for in any other cases in which they are authorized.
Codes, 1880, §§ 2578, 2579; 1892, § 3120; 1906, § 3543; Hemingway's 1917, § 2855; 1930, § 2942; 1942, § 983.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 21 - PARTITION OF PROPERTY (§§ 11-21-1 — 11-21-81) › PERSONALTY (§§ 11-21-71 — 11-21-81) › Section 11-21-73 - Partition by county court or justice court

A tenant in common of personal property, not exceeding in value the amount provided in Section
9-11-9
, may apply for a partition of it by petition in writing to the county court of the county in which the property or some part of it may be, or, in counties not having a county court, to the justice court of the county in which the property or some part of it may be. Thereupon, all the cotenants shall be summoned and the rights of parties ascertained, and an order made for a division of the property. If the property be incapable of division in kind according to the several interests, or if a sale and division of the proceeds will better promote the interests of parties, the county court or justice court, as the case may be, shall order a sale and a division of its proceeds, and may designate a person to make the sale, and may issue execution specially framed to that end, and make all orders necessary or proper to protect the rights of parties and to effect a sale and division of the proceeds.
Codes, 1880, § 2580; 1892, § 3121; 1906, § 3544; Hemingway's 1917, § 2856; 1930, § 2943; 1942, § 984; Laws, 1981, ch. 471, § 31; Laws, 1982, ch. 423, § 28, made eff. 1/1/1984, or, with respect to a given county, from and after such earlier date as the county appoints a justice court clerk pursuant to §
9-11-27
.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 21 - PARTITION OF PROPERTY (§§ 11-21-1 — 11-21-81) › PERSONALTY (§§ 11-21-71 — 11-21-81) › Section 11-21-75 - By whom partition made, if ordered

If partition be ordered, it shall be made by the county court or the justice of the peace, as the case may be, who shall value the property and divide it equally into as many shares as there are separate owners, and allot the several shares to the different owners after the manner prescribed for the proceeding of commissioners to make partition of real estate, as nearly as may be. A statement of such allotment shall be made by the county judge or the justice on his docket, so as to show what property was allotted to each party. The allotment shall vest the title of the property in the parties to whom it is allotted.
Codes, 1880, § 2581; 1892, § 3122; 1906, § 3545; Hemingway's 1917, § 2857; 1930, § 2944; 1942, § 985.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 21 - PARTITION OF PROPERTY (§§ 11-21-1 — 11-21-81) › PERSONALTY (§§ 11-21-71 — 11-21-81) › Section 11-21-77 - Writ to seize property, and proceedings

If the petitioner make affidavit at the commencement of his suit, or afterwards, of his right as a tenant in common, and that there is danger of the removal of the property, so as to defeat or endanger his right, the county court or the justice of the peace, as the case may be, shall issue a writ for the seizure of the property; and if the person having it in possession will not give a bond with sufficient sureties, approved by the officer executing the writ, conditioned to have the property forthcoming to abide the final order which shall be made in the case, payable to the petitioner, in a sum sufficient to cover his interest in the property, it shall be delivered to petitioner on his giving a bond, payable to the person from whom it was taken, with sufficient sureties, approved as above provided, in a penalty equal to the value of the interest of such person, conditioned to have the property before the county court or the justice of the peace, as the case may be, to abide the final order in the case; but if neither party give the required bond, the property shall remain in the hands of the officer, unless it be perishable or expensive to keep, in which case it shall be sold, as such property seized under attachment is sold, and the proceeds of the sale shall be disposed of according to the rights of the parties.
Codes, 1880, § 2583; 1892, § 3124; 1906, § 3547; Hemingway's 1917, § 2859; 1930, § 2945; 1942, § 986.