reglab/statecodes huggingface dataset:
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 11-21-79 - Sale; how made when ordered

A sale of property ordered by the county court or a justice of the peace, as the case may be, to be made for a division of the proceeds shall be made for cash and on such notice and at such place as sales of like property are made under execution issued by the county court or a justice of the peace, and the money arising from the sale shall be paid to the county court or the justice of the peace, as the case may be, for division among the parties.
Codes, 1880, § 2584; 1892, § 3125; 1906, § 3548; Hemingway's 1917, § 2860; 1930, § 2946; 1942, § 987.
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 11-21-81 - Appeal to the circuit court

A person aggrieved may appeal from the judgment of the county court or the justice of the peace, as the case may be, in refusing or ordering a sale or partition, or in making partition, or from any final action of the county court or the justice of the peace, as the case may be, as in any other civil case decided by the county court or a justice of the peace. On appeal, the circuit court may give such judgment as may be right.
Codes, 1880, § 2582; 1892, § 3123; 1906, § 3546; Hemingway's 1917, § 2858; 1930, § 2947; 1942, § 988.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 23 - TRIAL OF RIGHT OF PROPERTY (§§ 11-23-1 — 11-23-29) › Section 11-23-1 - Proceedings when third person claims subject of action

Upon affidavit of a defendant, before pleas filed in any action in a circuit court upon contract or for the recovery of personal property, that a third party, without collusion with him, has a claim to the subject of the action, and that he is ready to pay or dispose of the same as the court may direct, the court may make an order for the safekeeping or payment, or deposit in court, or delivery of the subject matter of the action to such person as it may direct, and an order requiring such third party to be summoned to appear in a reasonable time and maintain or relinquish his claim against the defendant. If such third party, being duly summoned, as provided for in the Mississippi Rules of Civil Procedure, shall fail to appear, the court may declare him barred of all claim in respect to the subject of the action against the defendant therein; but if such third party appear, he shall be allowed to make himself defendant in the action at law instead of the original defendant, who shall be discharged from all liability to either of the other parties, in respect to the subject of the action, upon his compliance with the order of the court for the payment, deposit, or delivery thereof. If the claim of such third party extend to only a part of the subject matter of the action, similar proceedings may be had respecting the part so claimed, and the action shall proceed as to the residue as in other cases.
Codes, 1857, ch. 61, art. 174; 1871, § 656; 1880, § 1578; 1892, § 714; 1906, § 772; Hemingway's 1917, § 555; 1930, § 564; 1942, § 1508; Laws, 1991, ch. 573, § 59, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 23 - TRIAL OF RIGHT OF PROPERTY (§§ 11-23-1 — 11-23-29) › Section 11-23-3 - Third party proceeding applicable to officers

The provisions of the Section
11-23-1
shall be applicable to any action brought in a circuit court against a sheriff or other officer for the recovery of personal property taken by him under executions or attachment, or for the proceeds of property so taken and sold by him; and the defendant in any such action shall have the benefit of said provisions against the party in whose favor the execution or attachment issued by making affidavit that the property, for the recovery of which or its proceeds the action is brought, was taken under process, describing it; and in such case the judgment of the court shall be framed to effect justice between the parties according to their rights.
Codes, 1857, ch. 61, art. 175; 1871, § 657; 1880, § 1579; 1892, § 715; 1906, § 774; Hemingway's 1917, § 557; 1930, § 566; 1942, § 1509.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 23 - TRIAL OF RIGHT OF PROPERTY (§§ 11-23-1 — 11-23-29) › Section 11-23-5 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
Codes, 1857, ch. 61, art. 177; 1871, § 659; 1880, § 1580; 1892, § 716; 1906, § 774; Hemingway's 1917, § 557; 1930, § 566; 1942, § 1510.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 23 - TRIAL OF RIGHT OF PROPERTY (§§ 11-23-1 — 11-23-29) › Section 11-23-7 - Claim to property levied on; how interposed

When any person not a party to the execution shall claim to be the owner of or to have a lien on any personal property levied upon, such person may make affidavit to his right or title to the property, and may enter into bond, payable to the plaintiff in the execution, with one or more sufficient sureties, in the penalty of double the value of the property claimed, or in double the amount of the execution, if that be less than the value of the property, to be estimated by the officer holding the execution, and indorsed thereon, conditioned for the prosecution of the claim with effect, or, in case of failure therein, for the payment to the plaintiff in the execution of all damages that may be awarded against the claimant, and for the delivery of the property to the proper officer; and upon the making of the affidavit and bond, the officer holding the execution shall receive the same, and shall deliver the property to the claimant, and return the affidavit and bond with the execution. The claim may be interposed without giving bond, and the same proceedings be had thereon except that the property claimed shall not be delivered to the claimant, but shall be sold, as provided in case of property of like kind seized in replevin, or, if not such as should be sold, shall be held by the officer. The bond of the claimant shall stand as security to the parties to the action and judgment may be rendered on it according to the exigency.
Codes, Hutchinson's 1848, ch. 62, art. 1 (25); 1857, ch. 61, art. 295; 1871, § 858; 1880, § 1774; 1892, § 4425; 1906, § 4990; Hemingway's 1917, § 3264; 1930, § 3424; 1942, § 1021.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 23 - TRIAL OF RIGHT OF PROPERTY (§§ 11-23-1 — 11-23-29) › Section 11-23-9 - Execution stayed for value of property claimed, unless

Further proceedings on the execution shall be stayed for an amount equal to the value of the property claimed, as returned by the officer, until final decision of the claim; and on all subsequent executions issued on the judgment prior to the final decision of the claim, the clerk shall indorse the amount of the estimated value for the government of the officer to whom the same may be directed; but the plaintiff may dismiss the levy, and have execution as if it were never made.
Codes, Hutchinson's 1848, ch. 62, art. 8 (2); 1857, ch. 61, art. 296; 1871, § 859; 1880, § 1775; 1892, § 4426; 1906, § 4991; Hemingway's 1917, § 3265; 1930, § 3425; 1942, § 1022.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 23 - TRIAL OF RIGHT OF PROPERTY (§§ 11-23-1 — 11-23-29) › Section 11-23-11 - Issue to be made up

Upon the return of the execution with the affidavit and bond, if any, the court shall, on motion of the plaintiff in execution, direct an issue to be made up between the parties to try the right of property at the same term, unless good cause be shown for a continuance.
Codes, Hutchinson's 1848, ch. 62, art. 1 (25); 1857, ch. 61, art. 295; 1871, § 858; 1880, § 1774; 1892, § 4427; 1906, § 4992; Hemingway's 1917, § 3266; 1930, § 3426; 1942, § 1023.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 23 - TRIAL OF RIGHT OF PROPERTY (§§ 11-23-1 — 11-23-29) › Section 11-23-13 - Default in making up issue

If by default of the plaintiff in execution an issue for the trial of the right of property be not made up at the term to which the execution is returnable, the court shall discharge the claimant from his bond, and the property shall not thereafter be subject to execution on plaintiff's judgment; but if the claimant fail to join issue when tendered at the first term, the court, at the instance of the plaintiff in execution, shall order a writ of inquiry as to the value of the property, and also to inquire whether or not the claim was made for fraudulent purposes or for purposes of delay.
Codes, 1857, ch. 61, art. 297; 1871, § 860; 1880, § 1776; 1892, § 4428; 1906, § 4993; Hemingway's 1917, § 3267; 1930, § 3427; 1942, § 1024.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 23 - TRIAL OF RIGHT OF PROPERTY (§§ 11-23-1 — 11-23-29) › Section 11-23-15 - Burden of proof on plaintiff; trial of issue

On the trial of the issue, the burden of proof shall be on the plaintiff in execution, and the issue shall be tried as in ordinary actions at law, and either party shall have the same rights as in other trials. The jury trying the issue, in case it find in favor of the plaintiff in execution, shall assess the value of the property subject to the execution, and shall certify whether the claim was made for fraudulent purposes or for delay. The valuation of the officer taking the bond of the claimant shall be prima facie evidence of the value of the property; and in case the jury fail to find the value of the property, the plaintiff may, at his election, take judgment for the value as returned by the officer, or have a writ of inquiry.
Codes, Hutchinson's 1848, ch. 62, art. 1 (25); 1857, ch. 61, art. 298; 1871, § 861; 1880, § 1777; 1892, § 4429; 1906, § 4994; Hemingway's 1917, § 3268; 1930, § 3428; 1942, § 1025.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 23 - TRIAL OF RIGHT OF PROPERTY (§§ 11-23-1 — 11-23-29) › Section 11-23-17 - The judgment

If the verdict be in favor of the plaintiff in execution, either on an issue joined or on an inquiry by default, or in case the plaintiff take judgment by default, and elect to take the value as returned by the officer, the court shall render judgment against the claimant and the sureties on his bond, for the restoration of the specific property to the officer, if to be had, and, if not, for the payment of its value not exceeding the amount of the original judgment to the plaintiff, and all costs. If the jury find that the claim was made for fraudulent purposes, or for delay, the judgment shall also award the plaintiff ten per centum damages on the value of the property. If the property be restored to the officer, it shall be sold, under a venditioni exponas to be issued for that purpose, as if the claim had not been made. If bond be not given, and the property or its proceeds be in the hands of the officer, the judgment may be modified accordingly. If the verdict be in favor of the claimant, he shall recover his costs, the levy shall be removed, the claimant shall be discharged from his bond, and the property shall not thereafter be subject to execution on plaintiff's judgment.
Codes, Hutchinson's 1848, ch. 62, art. 8 (6-9); 1857, ch. 61, art. 299; 1871, § 862; 1880, § 1778; 1892, § 4430; 1906, § 4995; Hemingway's 1917, § 3269; 1930, § 3429; 1942, § 1026.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 23 - TRIAL OF RIGHT OF PROPERTY (§§ 11-23-1 — 11-23-29) › Section 11-23-19 - Laws applicable in case of death

All the provisions of law in reference to the death of either party, and the revival of the cause, in personal actions, and the death of any of the obligors, in a bond given in the progress of a cause, and the proceedings thereon before or after judgment, shall apply to proceedings under Sections
11-23-7
through
11-23-29
; but in case the claimant shall die before judgment, and there be no representative of his estate, judgment shall be entered against the sureties on his bond for the property, or the value thereof, as assessed by the sheriff, or to be found by the verdict of a jury impaneled to inquire of the same, at the option of the plaintiff, with interest on such value from the date of the claimant's bond.
Codes, 1857, ch. 61, arts. 300, 301, 302; 1871, §§ 863, 864, 865; 1880, §§ 1779, 1780; 1892, § 4431; 1906, § 4996; Hemingway's 1917, § 3270; 1930, § 3430; 1942, § 1027.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 23 - TRIAL OF RIGHT OF PROPERTY (§§ 11-23-1 — 11-23-29) › Section 11-23-21 - New bond may be required

If the sureties on the claimant's bond shall become insufficient, the court, on motion of the plaintiff, may require the claimant to give a new bond or to surrender to the officer the property claimed. If new bond be given, the sureties thereon shall be jointly liable with the sureties on the first bond, but if the claimant fail to give a new bond and to surrender the property, judgment shall be rendered against him and the sureties on his bond as by default. If the claimant surrender the property as required, the sureties on the bond given shall thereby be discharged, and the cause shall be proceeded with as if the officer had retained the property in the first instance.
Codes, 1857, ch. 61, art. 303; 1871, § 866; 1880, § 1781; 1892, § 4432; 1906, § 4997; Hemingway's 1917, § 3271; 1930, § 3431; 1942, § 1028.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 23 - TRIAL OF RIGHT OF PROPERTY (§§ 11-23-1 — 11-23-29) › Section 11-23-23 - Venue changed in certain cases

If the claimant shall not be a resident of the county in which the execution is issued, and the property be levied on in the county of his residence, the venue for the trial of the issue may be changed, on his application, to the circuit court of the county of his residence, and the result shall be certified to the court. The procedure governing a claimant's objection to venue and transfer thereof shall be as provided for in the Mississippi Rules of Civil Procedure.
Codes, 1880, § 1782; 1892, § 4433; 1906, § 4998; Hemingway's 1917, § 3272; 1930, § 3432; 1942, § 1029; Laws, 1991, ch. 573, § 60, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 23 - TRIAL OF RIGHT OF PROPERTY (§§ 11-23-1 — 11-23-29) › Section 11-23-25 - Proceedings in justice's court

If the claim be interposed in a court of a justice of the peace, on filing the affidavit and bond, or the affidavit, if a bond be not given, the justice shall fix a day for the trial, and give notice thereof to the parties.
Codes, Hutchinson's 1848, ch. 50, art. 11 (5); 1857, ch. 58, art. 31; 1871, § 1338; 1880, § 2227; 1892, § 4434; 1906, § 4999; Hemingway's 1917, § 3273; 1930, § 3433; 1942, § 1030.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 23 - TRIAL OF RIGHT OF PROPERTY (§§ 11-23-1 — 11-23-29) › Section 11-23-27 - Form of a claimant's affidavit

A claimant's affidavit may be in the following form, viz.:
State of Mississippi, ____________________ County:
"Before me, ____________________, a justice of the peace of said county, ____________________ makes oath that a certain ____________________ [here describe the property], levied on by virtue of an execution in favor of ____________________ against ____________________, issued by ____________________, a justice of the peace of said county, on the ____________________ day of ____________________, A. D. ____________________, and now in the hands of ____________________, a ____________________ of ____________________ county, under said execution, is the property of affiant, and is not the property of ____________________.
"Sworn to and subscribed before me, ____________________, A. D. ____________________ ____________________, J. P."
Codes, 1880, § 2257; 1892, § 4435; 1906, § 5000; Hemingway's 1917, § 3274; 1930, § 3434; 1942, § 1031.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 23 - TRIAL OF RIGHT OF PROPERTY (§§ 11-23-1 — 11-23-29) › Section 11-23-29 - Form of a claimant's bond

A claimant's bond may be in the following form, viz.:
"We, ____________________, principal, and ____________________ and ____________________, sureties, bind ourselves to pay ____________________ dollars, unless the said ____________________ shall prosecute with effect his claim to a ____________________ [here describe the property], levied on by virtue of an execution issued on the ____________________ day of ____________________, A.D. ____________________, by ____________________ court of ____________________ county, in favor of ____________________ against ____________________, returnable before the ____________________ court on the ____________________ day of ____________________, A.D. ____________________, and valued at ____________________ dollars: or, in case he fail therein, shall pay to the said ____________________ all such damages as may be awarded against the said ____________________, in case his claim shall not be sustained, and shall deliver the same property to the officer having said execution, if the claim thereto shall be determined against the said ____________________.
"Witness our hands, this ____________________ day of ____________________, A. D. ____________________.
"____________________ ,
"____________________ ,
"____________________ ,
"I approve the foregoing bond and sureties, this the ____________________ day of ____________________, A.D. ____________________.
____________________ Sheriff."
Codes, 1880, § 2558; 1892, § 4436; 1906, § 5001; Hemingway's 1917, § 3275; 1930, § 3435; 1942, § 1032.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 25 - UNLAWFUL ENTRY AND DETAINER (§§ 11-25-1 — 11-25-119) › Article 1 - PROCEEDINGS BEFORE JUSTICE COURT (§§ 11-25-1 — 11-25-31) › Section 11-25-1 - In what cases a remedy

Any one deprived of the possession of land by force, intimidation, fraud, stratagem, stealth, and any landlord, vendor, vendee, mortgagee, or trustee, or cestui que trust, or other person against whom the possession of land is withheld, by his tenant, vendee, vendor, mortgagor, grantor, or other person, after the expiration of his right by contract, express or implied, to hold possession, and the legal representatives or assigns of him who is so deprived of possession, or from whom possession is so withheld, as against him who so obtained possession, or withholds possession after the expiration of his right, and all persons claiming to hold under him, shall, at any time within one year after such deprivation or withholding of possession, be entitled to the summary remedy herein prescribed.
Codes, Hutchinson's 1848, ch. 56, art. 7(2); 1857, ch. 42, arts. 2, 3; 1871, § 1582; 1880, § 2645; 1892, § 4461; 1906, § 5039; Hemingway's 1917, § 3311; 1930, § 3456; 1942, § 1033.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 25 - UNLAWFUL ENTRY AND DETAINER (§§ 11-25-1 — 11-25-119) › Article 1 - PROCEEDINGS BEFORE JUSTICE COURT (§§ 11-25-1 — 11-25-31) › Section 11-25-3 - Purchaser at sale for taxes

The purchaser of land at a sale for taxes, or his vendee, after two years from the date of the sale for taxes, and within three years from such date, may bring the action of unlawful detainer, for the recovery of possession of the land; and a judgment in his favor in the action shall be a bar to any action in any court brought after one year from the date of such judgment, to controvert the tax title to the land, saving the rights of infants and persons of unsound mind to redeem the same.
Codes, 1880, § 538; 1892, § 4461a; 1906, § 5040; Hemingway's 1917, § 3312; 1930, § 3457; 1942, § 1034.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 25 - UNLAWFUL ENTRY AND DETAINER (§§ 11-25-1 — 11-25-119) › Article 1 - PROCEEDINGS BEFORE JUSTICE COURT (§§ 11-25-1 — 11-25-31) › Section 11-25-5 - The complaint

The party turned out of possession, or held out of possession, may exhibit his complaint before the clerk of the justice court of the county within which the lands, or some part thereof, may lie, to the following effect:
"County of ____________________, to wit:
"AB, of said county, complains that CD hath unlawfully turned him out of possession (or unlawfully withholds from him the possession) of certain land (here describe it), lying and being in the said county, whereof he prays the possession. AB, Plaintiff."
The complaint shall be verified by the oath or affirmation of the plaintiff, certified at the foot thereof, after the following manner:
"County of ____________________, to wit:
"This day the above-named AB made oath (or affirmed) before me, the clerk of the justice court for said county, that the allegations of the above complaint are correct and true.
"Given under my hand, this ____________________ day of ____________________, A.D. ____________________. ____________________ EF, Clerk of the Justice Court."
Codes, Hutchinson's 1848, ch. 56, art. 7(4); 1857, ch. 42, art. 4; 1871, § 1583; 1880, § 2646; 1892, § 4462; 1906, § 5041; Hemingway's 1917, § 3313; 1930, § 3458; 1942, § 1035; Laws, 1982, ch. 423, § 16.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 25 - UNLAWFUL ENTRY AND DETAINER (§§ 11-25-1 — 11-25-119) › Article 1 - PROCEEDINGS BEFORE JUSTICE COURT (§§ 11-25-1 — 11-25-31) › Section 11-25-7 - The warrant

The clerk of the justice court before whom the complaint is made shall thereupon issue a warrant to the following effect:
"The State of Mississippi
"To the Sheriff of ____________________ County:
"WHEREAS, AB hath made complaint on oath (or affirmation), before me, the clerk of the justice court for the said county, that CD hath unlawfully turned him out of possession (or unlawfully withholds from him the possession) of certain land (here describe it), lying and being in the said county, and hath prayed the possession thereof, this is therefore to command you to summon the said CD to appear at ____________________ (which shall be at the usual place of holding the justice court of the justice court judge to whom the case is assigned), on the ____________________ day of ____________________, before said justice court judge, to answer to the complaint, and have then there this warrant.
"Witness my hand, this ____________________ day of ____________________.
____________________
EF, Clerk of the Justice Court"
Codes, Hutchinson's 1848, ch. 56, art. 7(6); 1857, ch. 42, art. 5; 1871, § 1584; 1880, § 2647; 1892, § 4463; 1906, § 5042; Hemingway's 1917, § 3314; 1930, § 3459; 1942, § 1036; Laws, 1981, ch. 471, § 32; Laws, 1982, ch. 423, § 17.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 25 - UNLAWFUL ENTRY AND DETAINER (§§ 11-25-1 — 11-25-119) › Article 1 - PROCEEDINGS BEFORE JUSTICE COURT (§§ 11-25-1 — 11-25-31) › Section 11-25-9 - [Repealed]

Repealed by Laws, 1982, ch. 423, § 26, 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 Section
9-11-27(3)
.
Codes, 1857, ch. 42, art. 23; 1871, § 1599; 1880, § 2661; 1892, § 4464; 1906, § 5043; Hemingway's 1917, § 3315; 1930, § 3460; 1942, § 1037.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 25 - UNLAWFUL ENTRY AND DETAINER (§§ 11-25-1 — 11-25-119) › Article 1 - PROCEEDINGS BEFORE JUSTICE COURT (§§ 11-25-1 — 11-25-31) › Section 11-25-11 - How warrant directed and executed

The warrant shall be directed to the sheriff or any constable of the proper county, as the case may require, and shall be made returnable on a day certain, not less than five (5) days nor more than twenty (20) days after its date, and shall be forthwith executed by the proper officer on the defendant, in the same manner as a summons is required to be served, by delivering a copy, and he shall make due return to the justice court judge to whom the case is assigned, at the time and place therein mentioned, of the manner in which he shall have executed the same.
Codes, Hutchinson's 1848, ch. 56, art. 7(6); 1857, ch. 42, art. 6; 1871, § 1585; 1880, § 2648; 1892, § 4465; 1906, § 5044; Hemingway's 1917, § 3316; 1930, § 3461; 1942, § 1038; Laws, 1982, ch. 423, § 18; Laws, 1986, ch. 459, § 22, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 25 - UNLAWFUL ENTRY AND DETAINER (§§ 11-25-1 — 11-25-119) › Article 1 - PROCEEDINGS BEFORE JUSTICE COURT (§§ 11-25-1 — 11-25-31) › Section 11-25-13 - Witnesses subpoenaed

At any time after the warrant is issued, the clerk of the justice court or the justice court judge to whom the case is assigned may, upon application of either party, issue subpoenas for witnesses, requiring them to attend court before the justice court judge to whom the case is assigned at the time appointed, to give evidence on the trial.
Codes, Hutchinson's 1848, ch. 56, art. 7(9); 1857, ch. 42, art. 8; 1871, § 1587; 1880, § 2659; 1892, § 4466; 1906, § 5045; Hemingway's 1917, § 3317; 1930, § 3462; 1942, § 1039; Laws, 1982, ch. 423, § 19.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 25 - UNLAWFUL ENTRY AND DETAINER (§§ 11-25-1 — 11-25-119) › Article 1 - PROCEEDINGS BEFORE JUSTICE COURT (§§ 11-25-1 — 11-25-31) › Section 11-25-15 - Depositions to be taken

Depositions may be taken to be read on the trial, in the same manner and under the same circumstances as in cases before justices of the peace.
Codes, 1892, § 4467; 1906, § 5046; Hemingway's 1917, § 3318; 1930, § 3463; 1942, § 1040.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 25 - UNLAWFUL ENTRY AND DETAINER (§§ 11-25-1 — 11-25-119) › Article 1 - PROCEEDINGS BEFORE JUSTICE COURT (§§ 11-25-1 — 11-25-31) › Section 11-25-17 - The court

It shall be the duty of the justice court judge to whom the case is assigned, on the days specified, to hold a court for the trial of the complaint. The court shall be considered a court of record. It shall have power to issue alias writs for the defendant, and all proper process to bring before it witnesses or other persons whose attendance may be lawfully required; and may adjourn from day to day and from time to time until the trial shall be ended. The sheriff or constable, as the case may require, shall be attendant upon the court and execute its orders.
Codes, Hutchinson's 1848, ch. 56, art. 7(10); 1857, ch. 42, art. 10; 1871, § 1588; 1880, § 2651; 1892, § 4468; 1906, § 5047; Hemingway's 1917, § 3319; 1930, § 3464; 1942, § 1041; Laws, 1981, ch. 471, § 33; Laws, 1982, ch. 423, § 20; Laws, 1986, ch. 459, § 23, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 25 - UNLAWFUL ENTRY AND DETAINER (§§ 11-25-1 — 11-25-119) › Article 1 - PROCEEDINGS BEFORE JUSTICE COURT (§§ 11-25-1 — 11-25-31) › Section 11-25-19 - The trial

If on the day of court and at the place designated, it appears that the defendant has been duly served with the warrant, the justice court judge shall proceed, without further pleadings in writing, to the trial of the complaint.
Codes, Hutchinson's 1848, ch. 56, art. 7(10); 1857, ch. 42, art. 11; 1871, § 1589; 1880, § 2652; 1892, § 4469; 1906, § 5048; Hemingway's 1917, § 3320; 1930, § 3465; 1942, § 1042; Laws, 1982, ch. 423, § 21.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 25 - UNLAWFUL ENTRY AND DETAINER (§§ 11-25-1 — 11-25-119) › Article 1 - PROCEEDINGS BEFORE JUSTICE COURT (§§ 11-25-1 — 11-25-31) › Section 11-25-21 - Rent recoverable

The plaintiff may, on the trial, claim and establish by evidence, any amount due for arrears of rent of the land of which possession is sought, or a reasonable compensation for the use and occupation thereof; and the justice court judge shall find, upon the evidence, the arrears of rent or reasonable compensation, and may give judgment against the defendant in the action for such arrears of rent or reasonable compensation, and award a writ of fieri facias thereon.
Codes, Hutchinson's 1848, ch. 56, art. 16(1); 1857, ch. 42, art. 13; 1871, § 1590; 1880, § 2653; 1892, § 4470; 1906, § 5049; Hemingway's 1917, § 3321; 1930, § 3466; 1942, § 1043; Laws, 1982, ch. 423, § 22.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 25 - UNLAWFUL ENTRY AND DETAINER (§§ 11-25-1 — 11-25-119) › Article 1 - PROCEEDINGS BEFORE JUSTICE COURT (§§ 11-25-1 — 11-25-31) › Section 11-25-23 - Judgment for plaintiff and writ of possession

If the finding be for the plaintiff, the justice court judge shall render judgment in favor of the plaintiff that he recover possession of the land, with costs, and shall award a writ of habere facias possessionem; and the justice court judge may issue alias writs and enforce the judgment and punish for contempt of process thereon; but a writ of habere facias possessionem or execution shall not issue within five (5) days from the date of the judgment.
Codes, Hutchinson's 1848, ch. 56, art. 7(15); 1857, ch. 42, art. 16; 1871, § 1591; 1880, § 2654; 1892, § 4471; 1906, § 5050; Hemingway's 1917, § 3322; 1930, § 3467; 1942, § 1044; Laws, 1982, ch. 423, § 23.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 25 - UNLAWFUL ENTRY AND DETAINER (§§ 11-25-1 — 11-25-119) › Article 1 - PROCEEDINGS BEFORE JUSTICE COURT (§§ 11-25-1 — 11-25-31) › Section 11-25-25 - Growing crops

In case of forfeiture under contract of purchase, the purchaser, and in case of foreclosure of deeds in trust or mortgages, the mortgagor shall be entitled to cultivate and gather the crops, if any, planted by him and grown or growing on the premises at the time of the commencement of the suit; and shall, after eviction therefrom have the right to enter thereon for the purpose of completing the cultivation and removing the crops, first paying or tendering to the party entitled to the possession a reasonable compensation for the use of the land. The court may, on demand of the defendant, adjudge the sum to be paid or tendered.
Codes, 1892, § 4472; 1906, § 5051; Hemingway's 1917, § 3323; 1930, § 3468; 1942, § 1045.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 25 - UNLAWFUL ENTRY AND DETAINER (§§ 11-25-1 — 11-25-119) › Article 1 - PROCEEDINGS BEFORE JUSTICE COURT (§§ 11-25-1 — 11-25-31) › Section 11-25-27 - Judgment for defendant for costs

If the finding be in favor of the defendant, the justices shall render judgment against the plaintiff that his complaint be dismissed, and the defendant recover of him full costs. The judgment of the justices, either in favor of the plaintiff or the defendant, shall be executed in the same manner as the judgment of any other court of record.
Codes, Hutchinson's 1848, ch. 56, art. 7(15); 1857, ch. 42, art. 17; 1871, § 1592; 1880, § 2655; 1892, § 4473; 1906, § 5052; Hemingway's 1917, § 3324; 1930, § 3469; 1942, § 1046.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 25 - UNLAWFUL ENTRY AND DETAINER (§§ 11-25-1 — 11-25-119) › Article 1 - PROCEEDINGS BEFORE JUSTICE COURT (§§ 11-25-1 — 11-25-31) › Section 11-25-29 - [Repealed]

Repealed by Laws, 1982, ch. 423, § 26, 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 Section
9-11-27(3)
.
Codes, 1871, § 1593; 1880, § 2656; 1892, § 4474; 1906, § 5053; Hemingway's 1917, § 3325; 1930, § 3470; 1942, § 1047
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 25 - UNLAWFUL ENTRY AND DETAINER (§§ 11-25-1 — 11-25-119) › Article 1 - PROCEEDINGS BEFORE JUSTICE COURT (§§ 11-25-1 — 11-25-31) › Section 11-25-31 - Judgment not conclusive in another action

A judgment rendered in a suit of unlawful entry or detainer, either for the plaintiff or defendant, shall not bar any action in the circuit court between the same parties, respecting the same land; nor shall any judgment given therein be held conclusive of the facts found in any other action between the same parties.
Codes, Hutchinson's 1848, ch. 56, art. 7(15); 1857, ch. 42, art. 22; 1871, § 1598; 1880, § 2660; 1892, § 4475; 1906, § 5054; Hemingway's 1917, § 3326; 1930, § 3471; 1942, § 1048.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 25 - UNLAWFUL ENTRY AND DETAINER (§§ 11-25-1 — 11-25-119) › Article 3 - PROCEEDINGS IN COUNTY COURT (§§ 11-25-101 — 11-25-119) › Section 11-25-101 - County court; remedy in what cases

Any one deprived of the possession of land by force, intimidation, fraud, stratagem, stealth, and any landlord, vendor, vendee, mortgagee, or trustee, or cestui que trust, or other person against whom the possession of land is withheld, by his tenant, vendee, vendor, mortgagor, grantor, or other person, after the expiration of his right by contract, express or implied, to hold possession, and the legal representatives or assigns of him who is so deprived of possession, or from whom possession is so withheld, as against him who so obtained possession, or withholds possession after the expiration of his right, and all persons claiming to hold under him, shall, at any time within one year after such deprivation or withholding of possession, be entitled to the summary remedy herein prescribed.
Codes, 1942, § 1049; Laws, 1934, ch. 234; Laws, 1936, ch. 246.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 25 - UNLAWFUL ENTRY AND DETAINER (§§ 11-25-1 — 11-25-119) › Article 3 - PROCEEDINGS IN COUNTY COURT (§§ 11-25-101 — 11-25-119) › Section 11-25-103 - Purchaser of tax lands

The purchaser of land at a sale for taxes, or his vendee, after two years from the date of the sale for taxes, and within three years from such date, may bring the action of unlawful detainer, for the recovery or possession of the land; and a judgment in his favor in the action shall be a bar to any action in any court brought after one year from the date of such judgment, to controvert the tax title to the land, saving the rights of infants and persons of unsound mind to redeem the same.
Codes, 1942, § 1050; Laws, 1934, ch. 234; Laws, 1936, ch. 246.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 25 - UNLAWFUL ENTRY AND DETAINER (§§ 11-25-1 — 11-25-119) › Article 3 - PROCEEDINGS IN COUNTY COURT (§§ 11-25-101 — 11-25-119) › Section 11-25-105 - Court - complaint - form

The party turned out of possession, or held out of possession, may exhibit his complaint before the judge or clerk of the county court of the county within which the lands, or some part thereof, may lie, to the following effect:
"County of ____________________, to-wit:
"AB, of said county, complains that CD hath unlawfully turned him out of possession (or unlawfully withholds from him the possession) of certain land (here describe it), lying and being in the said county, whereof he prays the possession.
"AB, Plaintiff."
The complaint shall be verified by the oath or affirmation of the plaintiff, certified at the foot hereof, after the following manner:
"County of ____________________, to-wit:
"This day the above-named AB made oath (or affirmed) before me, ____________________ of the county court for said county, that the allegations of the above complaint are correct and true.
"Given under my hand, this ____________________ day of ____________________ A. D. ____________________.
"EF, ____________________ of the County Court."
Codes, 1942, § 1051; Laws, 1934, ch. 234; Laws, 1936, ch. 246.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 25 - UNLAWFUL ENTRY AND DETAINER (§§ 11-25-1 — 11-25-119) › Article 3 - PROCEEDINGS IN COUNTY COURT (§§ 11-25-101 — 11-25-119) › Section 11-25-107 - Warrant

The county judge or the clerk of the county court upon the filing of the complaint shall thereupon issue a warrant to the following effect:
"The State of Mississippi.
"To the Sheriff of ____________________ County:
"Whereas, AB hath made complaint, on oath (or affirmation), before me, ____________________ of the county court for the said county, that CD hath unlawfully turned him out of possession (or unlawfully withholds from him the possession) of certain land (here describe it), lying and being in the said county, and hath prayed the possession thereof, this is therefore to command you to summon the said CD to appear at ____________________ (which shall be at the usual place of holding the county court), on the ____________________ day of ____________________, before the county court, to answer to the complaint.
"Witness my hand, this ____________________ day of ____________________.
"EF, ____________________ of the County Court."
Codes, 1942, § 1052; Laws, 1934, ch. 234; Laws, 1936, ch. 246.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 25 - UNLAWFUL ENTRY AND DETAINER (§§ 11-25-1 — 11-25-119) › Article 3 - PROCEEDINGS IN COUNTY COURT (§§ 11-25-101 — 11-25-119) › Section 11-25-109 - Execution of warrant

The warrant shall be directed to the sheriff, or any constable of the county, and shall be made returnable to the first term of the county court held after the issuance of the said warrant, unless it shall be issued more than ten days before the said term of court when it may be made returnable before the judge of the county court at the usual place of holding the county court at a day to be named not more than ten days, or less than five days, after the date of issuance of the said warrant; and the cause shall be triable at such term, or before the judge in vacation, (if so returnable), on the day therein, provided the defendant has been served with process at least five days before the return day of writ.
Codes, 1942, § 1053; Laws, 1934, ch. 234; Laws, 1936, ch. 246.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 25 - UNLAWFUL ENTRY AND DETAINER (§§ 11-25-1 — 11-25-119) › Article 3 - PROCEEDINGS IN COUNTY COURT (§§ 11-25-101 — 11-25-119) › Section 11-25-111 - Rent

The plaintiff may, on the trial, claim and establish by evidence, any amount due for arrears of rent on the land of which possession is sought, or a reasonable compensation for the use and occupation thereof; and the judge of the county court, shall find upon the evidence the arrears of rent or reasonable compensation and the judge of the county court may give judgment against the defendant in the action for such arrears of rent or reasonable compensation and may award a writ of fieri facias thereon. All such cases shall be tried by the judge without the intervention of the jury.
Codes, 1942, § 1054; Laws, 1934, ch. 234; Laws, 1936, ch. 246.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 25 - UNLAWFUL ENTRY AND DETAINER (§§ 11-25-1 — 11-25-119) › Article 3 - PROCEEDINGS IN COUNTY COURT (§§ 11-25-101 — 11-25-119) › Section 11-25-113 - Judgment for plaintiff

If the finding be for the plaintiff, the judge of the county court shall render judgment in favor of the plaintiff, that he recover possession of the land, with costs, and shall award a writ of habere facias possessionem, and said judge may issue alias writs and enforce the judgment and may punish for contempt of process thereon; provided, however, that a writ of habere facias possessionem or execution shall not issue within five days from the date of judgment.
Codes, 1942, § 1055; Laws, 1934, ch. 234; Laws, 1936, ch. 246.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 25 - UNLAWFUL ENTRY AND DETAINER (§§ 11-25-1 — 11-25-119) › Article 3 - PROCEEDINGS IN COUNTY COURT (§§ 11-25-101 — 11-25-119) › Section 11-25-115 - Growing crops

In case of forfeiture under contract of purchase, the purchaser, and in case of foreclosure of deeds in trust or mortgages, the mortgagor shall be entitled to cultivate and gather the crops, if any, planted by him and grown or growing on the premises at the time of the commencement of the suit; and shall, after eviction therefrom have the right to enter thereon for the purpose of completing the cultivation and removing the crops, first paying or tendering to the party entitled to the possession a reasonable compensation for the use of the land. The court may, on demand of the defendant, adjudge the sum to be paid or tendered.
Codes, 1942, § 1056; Laws, 1934, ch. 234; Laws, 1936, ch. 246.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 25 - UNLAWFUL ENTRY AND DETAINER (§§ 11-25-1 — 11-25-119) › Article 3 - PROCEEDINGS IN COUNTY COURT (§§ 11-25-101 — 11-25-119) › Section 11-25-117 - Judgment for defendant

If the finding be in favor of the defendant, the court shall render judgment against the plaintiff that his complaint be dismissed, and that the defendant recover of him full costs.
Codes, 1942, § 1057; Laws, 1934, ch. 234; Laws, 1936, ch. 246.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 25 - UNLAWFUL ENTRY AND DETAINER (§§ 11-25-1 — 11-25-119) › Article 3 - PROCEEDINGS IN COUNTY COURT (§§ 11-25-101 — 11-25-119) › Section 11-25-119 - Judgment not bar

A judgment rendered in a suit of unlawful entry or detainer, either for the plaintiff or defendant, shall not bar any action in the circuit court between the same parties, respecting the same land; nor shall any judgment given therein be held conclusive of the facts found in any other action between the same parties.
Codes, 1942, § 1058; Laws, 1934, ch. 234; Laws, 1936, ch. 246.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 27 - EMINENT DOMAIN (§§ 11-27-1 — 11-27-91) › IN GENERAL (§§ 11-27-1 — 11-27-51) › Section 11-27-1 - Who may exercise right of eminent domain

Any person or corporation having the right to condemn private property for public use shall exercise that right as provided in this chapter, except as elsewhere specifically provided under the laws of the state of Mississippi.
Codes, 1942, § 2749-01; Laws, 1971, ch. 520, § 1, eff. 1/1/1972.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 27 - EMINENT DOMAIN (§§ 11-27-1 — 11-27-91) › IN GENERAL (§§ 11-27-1 — 11-27-51) › Section 11-27-3 - Court of eminent domain

A special court of eminent domain is hereby created, to consist of a judge, jury, and such other officers and personnel as hereinafter set out, and it shall have and exercise the jurisdiction and powers hereinafter enumerated. The original powers and jurisdiction shall be and is hereby fixed in the county court in each county that has elected to come under the provisions of Section
9-9-1
Mississippi Code of 1972, or that may hereafter come under the provisions of said Section
9-9-1
, and in every other county of this state, the original powers and jurisdiction shall be and is hereby fixed in the circuit court of such county, which said powers and jurisdiction may be exercised in full either in termtime or vacation, or both.
Codes, 1942, § 2749-02; Laws, 1971, ch. 520, § 2, eff. 1/1/1972.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 27 - EMINENT DOMAIN (§§ 11-27-1 — 11-27-91) › IN GENERAL (§§ 11-27-1 — 11-27-51) › Section 11-27-5 - Complaint to condemn; parties; preference

Any person or corporation having the right to condemn private property for public use shall file a complaint to condemn with the circuit clerk of the county in which the affected property, or some part thereof, is situated and shall make all the owners of the affected property involved, and any mortgagee, trustee or other person having any interest therein or lien thereon a defendant thereto. The complaint shall be considered a matter of public interest and shall be a preference case over other cases except other preference causes. The complaint shall describe in detail the property sought to be condemned, shall state with certainty the right to condemn, and shall identify the interest or claim of each defendant.
Codes, 1942, § 2749-03; Laws, 1971, ch. 520, § 3; Laws, 1991, ch. 573, § 61, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 27 - EMINENT DOMAIN (§§ 11-27-1 — 11-27-91) › IN GENERAL (§§ 11-27-1 — 11-27-51) › Section 11-27-7 - Filing complaint; lis pendens; time and place of hearing; notice; pleadings

The complaint shall be filed with the circuit clerk and shall be assigned a number and placed on the docket as other pleadings in circuit court or county court. The plaintiff shall also file a lis pendens notice in the office of the chancery clerk immediately after filing the complaint. The circuit clerk, or the plaintiff by his attorney, shall forthwith present such complaint to the circuit judge or county judge, as the case may be, who shall by written order directed to the circuit clerk fix the time and place for the hearing of the matter, in termtime or vacation, and the time of hearing shall be fixed on a date to allow sufficient time for each defendant named to be served with process as is otherwise provided by the Mississippi Rules of Civil Procedure, for not less than thirty (30) days prior to the hearing. If a defendant, or other party in interest, shall not be served for the specified time prior to the date fixed, the hearing shall be continued to a day certain to allow the thirty-day period specified. Not less than twenty (20) days prior to the date fixed for such hearing, the plaintiff shall file with the circuit clerk and serve upon the defendants, or their respective attorneys, a statement showing:
(1)
the fair market value of the property to be condemned, determined as of the date of the filing of the complaint; (2) the damages, if any, to the remainder if less than the whole is taken, giving a total compensation and damages to be due as determined by the plaintiff. Not less than ten (10) days prior to the date fixed for such hearing, each of the defendants shall file with the circuit clerk and serve upon the plaintiff, or his attorney, a statement showing:
(1)
the fair market value of the property to be condemned, determined as of the date of the filing of the complaint;
(2)
the damages, if any, to the remainder if less than the whole is taken, giving a total compensation and damages to be due as determined by the defendants. In each such instance, both the plaintiff and the defendant shall set out in such statement the asserted highest and best use of the property and shall itemize the elements of damage, if any, to the remainder if less than the whole is taken. The statements required by this section shall constitute the pleadings of the parties with respect to the issue of value, and shall be treated as pleadings are treated in civil actions in the circuit court. The judge, for good cause shown, may increase or decrease the time for pleading by the plaintiff or by the defendant.
Codes, 1942, § 2749-04; Laws, 1971, ch. 520, § 4; Laws, 1991, ch. 573, § 62, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 27 - EMINENT DOMAIN (§§ 11-27-1 — 11-27-91) › IN GENERAL (§§ 11-27-1 — 11-27-51) › Section 11-27-9 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
Codes, 1942, § 2749-05; Laws, 1971, ch. 520, § 5.