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Index for Chapter 021 of Title 11 Page 1 of 1

MISSISSIPPI CODE OF 1972


As Amended

Index for Chapter 021 of Title 11


11-21-1. Partition by agreement and by arbitration.
11-21-3. Partition by decree of chancery court.
11-21-5. Parties to proceedings for partition.
11-21-7. Proceedings same as in other cases; when ex parte petitions may be heard.
11-21-9. Controverted title and all equities disposed of.
11-21-11. Court may order sale in first instance.
11-21-13. Partition without masters; owelty.
11-21-15. Judgment appointing masters.
11-21-17. Oath Of special commissioners.
11-21-19. Survey made and division into shares.
11-21-21. Allotment of shares by ballot.
11-21-23. Assignment of shares and owelty.
11-21-25. Report of special commissioners.
11-21-27. Land sold when not capable of division.
11-21-29. Compensation of masters.
11-21-31. Attorney's fees.
11-21-33. Owelty a lien.
11-21-35. Final judgment and judgment confirming partition.
11-21-37. Recording of judgments.
11-21-39. Lien created by party binding on his share.
11-21-41. Paramount rights not affected.
11-21-43. Party evicted to have partition of residue.
11-21-45. New partition; when.
11-21-71. Partition of personalty.
11-21-73. Partition by county court or justice court.
11-21-75. By whom partition made, if ordered.
11-21-77. Writ to seize property, and proceedings.
11-21-79. Sale; how made when ordered.
11-21-81. Appeal to the circuit court.

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11-21-1. Partition by agreement and by arbitration. Page 1 of 1

MISSISSIPPI CODE OF 1972


As Amended

SEC. 11-21-1. Partition by agreement and by arbitration.

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 procurred by fraud.

SOURCES: Codes, 1857, ch. 36, art. 48; 1871, Sec. 1839; 1880, Sec. 2552; 1892, Sec. 3096; 1906, Sec.
3520; Hemingway's 1917, Sec. 2832; 1930, Sec. 2919; 1942, Sec. 960.

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11-21-5. Parties to proceedings for partition. Page 1 of 1

MISSISSIPPI CODE OF 1972


As Amended

SEC. 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. 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.

SOURCES: Codes, Hutchinson's 1848, ch. 42, art. 2 (1); 1857, ch. 36, art. 48; 1871, Sec. 1814; 1880,
Secs. 2556, 2557; 1892, Sec. 3098; 1906, Sec. 3522; Hemingway's 1917, Sec. 2834; 1930, Sec. 2921;
1942, Sec. 962; Laws, 1918, ch. 130; 1946, ch. 317, Sec. 2. Laws, 1983, ch. 378, Sec. 1; 1991, ch. 573,
Sec. 49, eff from and after July 1, 1991.

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11-21-7. Proceedings same as in other cases; when ex parte petitions may be heard. Page 1 of 1

MISSISSIPPI CODE OF 1972


As Amended

SEC. 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.

SOURCES: Codes, 1871, Sec. 1815; 1880, Sec. 2558; 1892, Sec. 3099; 1906, Sec. 3523; Hemingway's
1917, Sec. 2835; 1930, Sec. 2922; 1942, Sec. 963; Laws, 1960, ch. 224.

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11-21-9. Controverted title and all equities disposed of. Page 1 of 1

MISSISSIPPI CODE OF 1972


As Amended

SEC. 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.

SOURCES: Codes, 1871, Sec. 1817; 1880, Sec. 2576; 1892, Sec. 3101; 1906, Sec. 3525; Hemingway's
1917, Sec. 2837; 1930, Sec. 2923; 1942, Sec. 964. Laws, 1991, ch. 573, Sec. 50, eff from and after July
1, 1991.

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11-21-11. Court may order sale in first instance. Page 1 of 1

MISSISSIPPI CODE OF 1972


As Amended

SEC. 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.

SOURCES: Codes, 1871, Sec. 1829; 1880, Sec. 2559; 1892, Sec. 3100; 1906, Sec. 3524; Hemingway's
1917, Sec. 2836; 1930, Sec. 2924; 1942, Sec. 965; Laws, 1958, ch. 251. Laws, 1984, ch 437, Sec. 1;
1991, ch. 573, Sec. 51, eff from and after July 1, 1991.

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11-21-13. Partition without masters; owelty. Page 1 of 1

MISSISSIPPI CODE OF 1972


As Amended

SEC. 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.

SOURCES: Codes, 1892, Sec. 3102; 1906, Sec. 3526; Hemingway's 1917, Sec. 2838; 1930, Sec. 2925;
1942, Sec. 966; Laws, 1958, ch. 252. Laws, 1991, ch. 573, Sec. 52, eff from and after July 1, 1991.

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11-21-15. Judgment appointing masters. Page 1 of 1

MISSISSIPPI CODE OF 1972


As Amended

SEC. 11-21-15. Judgment appointing masters.

If the judgment be for a partition of the land, it shall state the number of shares into which the land is to
be divided, and shall appoint 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 be sustained, the place shall be filled by another appointment. If any vacancy
occur among the masters, the chancellor may fill such vacancy at any time by written appointment.

SOURCES: Codes, Hutchinson's 1848, ch. 42, art. 2 (2); 1857, ch. 36, art. 51; 1871, Sec. 1819; 1880,
Secs. 2560, 2561; 1892, Sec. 3103; 1906, Sec. 3327; Hemingway's 1917, Sec. 2839; 1930, Sec. 2926;
1942, Sec. 967; Laws, 1958, ch. 259. Laws, 1991, ch. 573, Sec. 53, eff from and after July 1, 1991.

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11-21-17. Oath Of special commissioners. Page 1 of 1

MISSISSIPPI CODE OF 1972


As Amended

SEC. 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.

SOURCES: Codes, Hutchinson's 1848, ch. 42, art. 2 (3); 1857, ch. 36, art. 52; 1871, Sec. 1822; 1880,
Sec. 2562; 1892, Sec. 3104; 1906, Sec. 3528; Hemingway's 1917, Sec. 2840; 1930, Sec. 2927; 1942,
Sec. 968; Laws, 1958, ch. 258.

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11-21-19. Survey made and division into shares. Page 1 of 1

MISSISSIPPI CODE OF 1972


As Amended

SEC. 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.

SOURCES: Codes, Hutchinson's 1848, ch. 42, art. 2 (4); 1857, ch. 36, art. 53; 1871, Sec. 1823; 1880,
Sec. 2563; 1892, Sec. 3105; 1906, Sec. 3529; Hemingway's 1917, Sec. 2841; 1930, Sec. 2928; 1942,
Sec. 969; Laws, 1958, ch. 249.

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11-21-21. Allotment of shares by ballot. Page 1 of 1

MISSISSIPPI CODE OF 1972


As Amended

SEC. 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.

SOURCES: Codes, Hutchinson's 1848, ch. 42, art. 2(6); 1857, ch. 36, art. 54; 1871, Sec. 1824; 1880,
Sec. 2534; 1892, Sec. 3106; 1906, Sec. 3530; Hemingway's 1917, Sec. 2842; 1930, Sec. 2929; 1942,
Sec. 970; Laws, 1958, ch. 250.

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11-21-23. Assignment of shares and owelty. Page 1 of 1

MISSISSIPPI CODE OF 1972


As Amended

SEC. 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.

SOURCES: Codes, 1871, Sec. 2567; 1880, Sec. 2564; 1892, Sec. 3107; 1906, Sec. 3531; Hemingway's
1917, Sec. 2843; 1930, Sec. 2930; 1942, Sec. 971; Laws, 1958, ch. 244.

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11-21-25. Report of special commissioners. Page 1 of 1

MISSISSIPPI CODE OF 1972


As Amended

SEC. 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.

SOURCES: Codes, Hutchinson's 1848, ch. 42, art. 2(8); 1857, ch. 36, art. 55; 1871, Sec. 1825; 1880,
Sec. 2565; 1892, Sec. 3108; 1906, Sec. 3532; Hemingway's 1917, Sec. 2844; 1930, Sec. 2931; 1942,
Sec. 972; Laws, 1958, ch. 254.

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11-21-27. Land sold when not capable of division. Page 1 of 1

MISSISSIPPI CODE OF 1972


As Amended

SEC. 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.

SOURCES: Codes, 1857, ch. 36, art. 59; 1871, Sec. 1829; 1880, Sec. 2566; 1892, Sec. 3111; 1906, Sec.
3535; Hemingway's 1917, Sec. 2847; 1930, Sec. 2932; 1942, Sec. 973; Laws, 1958, ch. 246. Laws,
1984, ch. 437, Sec. 2; 1991, ch. 573, Sec. 54, eff from and after July 1, 1991.

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11-21-29. Compensation of masters. Page 1 of 1

MISSISSIPPI CODE OF 1972


As Amended

SEC. 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.

SOURCES: Codes, Hutchinson's 1848, ch. 42, art. 2(9); 1857, ch. 36, art. 57; 1871, Sec. 1840; 1880,
Sec. 2575; 1892, Sec. 3109; 1906, Sec. 3533; Hemingway's 1917, Sec. 2845; 1930, Sec. 2933; 1942,
Sec. 974; Laws, 1928, ch. 299; 1960, ch. 225. Laws, 1991, ch. 573, Sec. 55, eff from and after July 1,
1991.

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11-21-31. Attorney's fees. Page 1 of 1

MISSISSIPPI CODE OF 1972


As Amended

SEC. 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.

SOURCES: Codes, 1880, Sec. 2577; 1892, Sec. 3119; 1906, Sec. 3542; Hemingway's 1917, Sec. 2854;
1930, Sec. 2934; 1942, Sec. 975. Laws, 1991, ch. 573, Sec. 56, eff from and after July 1, 1991.

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11-21-33. Owelty a lien. Page 1 of 1

MISSISSIPPI CODE OF 1972


As Amended

SEC. 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.

SOURCES: Codes, 1880, Sec. 2567; 1892, Sec. 3110; 1906, Sec. 3534; Hemingway's 1917, Sec. 2846;
1930, Sec. 2935; 1942, Sec. 976.

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11-21-35. Final judgment and judgment confirming partition. Page 1 of 1

MISSISSIPPI CODE OF 1972


As Amended

SEC. 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.

SOURCES: Codes, 1871, Sec. 1828; 1880, Sec. 2568; 1892, Sec. 3112; 1906, Sec. 3536; Hemingway's
1917, Sec. 2848; 1930, Sec. 2936; 1942, Sec. 977. Laws, 1991, ch. 573, Sec. 57, eff from and after July
1, 1991.

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11-21-37. Recording of judgments. Page 1 of 1

MISSISSIPPI CODE OF 1972


As Amended

SEC. 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.

SOURCES: Codes, 1871, Sec. 1828; 1880, Sec. 2569; 1892, Sec. 3113; 1906, Sec. 3537; Hemingway's
1917, Sec. 2849; 1930, Sec. 2937; 1942, Sec. 978. Laws, 1991, ch. 573, Sec. 58, eff from and after July
1, 1991.

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11-21-39. Lien created by party binding on his share. Page 1 of 1

MISSISSIPPI CODE OF 1972


As Amended

SEC. 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.

SOURCES: Codes, 1857, ch. 36, art. 62; 1871, Sec. 1836; 1880, Sec. 2572; 1892, Sec. 3115; 1906, Sec.
3539; Hemingway's 1917, Sec. 2851; 1930, Sec. 2938; 1942, Sec. 979.

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11-21-41. Paramount rights not affected. Page 1 of 1

MISSISSIPPI CODE OF 1972


As Amended

SEC. 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.

SOURCES: Codes, Hutchinson's 1848, ch. 42, art. 2(14); 1857, ch. 36, art. 64; 1871, Sec. 1838; 1880,
Sec. 2573; 1892, Sec. 3117; 1906, Sec. 3540; Hemingway's 1917, Sec. 2852; 1930, Sec. 2939; 1942,
Sec. 980.

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11-21-43. Party evicted to have partition of residue. Page 1 of 1

MISSISSIPPI CODE OF 1972


As Amended

SEC. 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.

SOURCES: Codes, 1857, ch. 36, art. 61; 1871, Sec. 1835; 1880, Sec. 2571; 1892, Sec. 3114; 1906, Sec.
3538; Hemingway's 1917, Sec. 2850; 1930, Sec. 2940; 1942, Sec. 981.

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11-21-45. New partition; when. Page 1 of 1

MISSISSIPPI CODE OF 1972


As Amended

SEC. 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.

SOURCES: Codes, 1857, ch. 36, art. 60; 1871, Sec. 1834; 1880, Sec. 2574; 1892, Sec. 3118; 1906, Sec.
3541; Hemingway's 1917, Sec. 2853; 1930, Sec. 2941; 1942, Sec. 982.

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11-21-71. Partition of personalty. Page 1 of 1

MISSISSIPPI CODE OF 1972


As Amended

SEC. 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 to 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.

SOURCES: Codes, 1880, Secs. 2578, 2579; 1892, Sec. 3120; 1906, Sec. 3543; Hemingway's 1917,
Sec. 2855; 1930, Sec. 2942; 1942, Sec. 983.

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11-21-73. Partition by county court or justice court. Page 1 of 1

MISSISSIPPI CODE OF 1972


As Amended

SEC. 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.

SOURCES: Codes, 1880, Sec. 2580; 1892, Sec. 3121; 1906, Sec. 3544; Hemingway's 1917, Sec. 2856;
1930, Sec. 2943; 1942, Sec. 984. Laws, 1981, ch. 471, Sec. 31; 1982, ch. 423, Sec. 28, made eff from
and after January 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 Sec. 9-11-27 (3).
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11-21-75. By whom partition made, if ordered. Page 1 of 1

MISSISSIPPI CODE OF 1972


As Amended

SEC. 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.

SOURCES: Codes, 1880, Sec. 2581; 1892, Sec. 3122; 1906, Sec. 3545; Hemingway's 1917, Sec. 2857;
1930, Sec. 2944; 1942, Sec. 985.

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11-21-77. Writ to seize property, and proceedings. Page 1 of 1

MISSISSIPPI CODE OF 1972


As Amended

SEC. 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.

SOURCES: Codes, 1880, Sec. 2583; 1892, Sec. 3124; 1906, Sec. 3547; Hemingway's 1917, Sec. 2859;
1930, Sec. 2945; 1942, Sec. 986.

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11-21-79. Sale; how made when ordered. Page 1 of 1

MISSISSIPPI CODE OF 1972


As Amended

SEC. 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.

SOURCES: Codes, 1880, Sec. 2584; 1892, Sec. 3125; 1906, Sec. 3548; Hemingway's 1917, Sec. 2860;
1930, Sec. 2946; 1942, Sec. 987.

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11-21-81. Appeal to the circuit court. Page 1 of 1

MISSISSIPPI CODE OF 1972


As Amended

SEC. 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.

SOURCES: Codes, 1880, Sec. 2582; 1892, Sec. 3123; 1906, Sec. 3546; Hemingway's 1917, Sec. 2858;
1930, Sec. 2947; 1942, Sec. 988.
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