CIVIL PRACTICE AND
Chapter 19 Ejectment
In what case the action lies.
A civil action seeking ejectment as relief may be maintained in
all cases where the plaintiff islegally entitled to the possession
of the land sued for and demanded. Title 11, Chap. 19, SEC. 11-19-1.
Power of courts over proceedings.
The court in which an action of ejectment may be brought or be
pending may exercise over the proceedings therein the like
jurisdiction and control as heretofore exercised in the action of
ejectment, so as to insure a trial of the title only, and of actual
ouster when necessary, and for all other purposes for which such
jurisdiction was heretofore exercised. Title 11, Chap. 19,
Who may be made defendants.
If the premises for which the action is brought be actually
occupied by any person, such actual occupant shall be made a
defendant in the suit; and all other persons claiming title or
interest to or in the same may also, in all cases, be joined as
defendants. If the premises be not occupied, the action shall be
brought against some person exercising acts of ownership over the
premises claimed, or claiming title thereto or some interest therein
at the commencement of the suit. Title 11, Chap. 19, SEC.
Landlord notified and admitted to defend.
Every tenant sued in a civil action seeking ejectment as relief
shall forthwith give notice thereof to his landlord, under penalty
of three (3) years' rent of the premises, to be recovered by the
landlord or his representatives in a civil action. The landlord of
such tenant, or any other proper person, shall, by leave of the
court or judge, be admitted to appear and defend the action in all
cases where the same would have been allowed heretofore, and either
separately or jointly with the tenant. Any person admitted to defend
as landlord in respect of property whereof he is in possession only
by his tenant, shall state in his answer that he defends as such
landlord, and such person shall be allowed to set up any defense he
has heretofore been allowed to set up, and no other. Any judgment in
such action shall have the same effect for or against such person so
admitted to defend as if he had been named in the complaint and
regularly served with process. Title 11, Chap. 19, SEC. 11-19-9.
Reversioner or remainderman admitted to defend.
If a tenant for life or lives be impleaded concerning the land
holden, the person to whom the reversion or remainder belongs may
come into court at any time before judgment, and shall be admitted
to defend his right. Title 11, Chap. 19, SEC. 11-19-11.
Default of tenant for life not to prejudice.
If a tenant for life or lives, when impleaded, make default or
give up the tenement demanded, or if the judgment be given on such
default or surrender, the person to whom the reversion or remainder
belongs after the determination of the life estate, shall not be
prejudiced or injured by such default, surrender, or judgment. Title
11, Chap. 19, SEC. 11-19-13.
The consent rule, and all fictions heretofore used in a civil
action seeking ejectment as relief, are abolished; and the action
shall be commenced by filing a complaint in the name of the person
claiming the premises in question, as plaintiff against the
defendant. The complaint shall describe the premises with such
certainty as will distinctly apprise the defendant of their
description and situation, and so that from such description
possession may be delivered. If the plaintiff claim only an
undivided interest therein, it shall state such interest. If the
plaintiff claim more than he is entitled to, he may, nevertheless,
recover so much as he shall prove title to. Title 11, Chap.
19, SEC. 11-19-15.
Answer and defense.
The defendants, or any of them, shall be allowed to answer or
otherwise defend the action, either jointly or separately. The
answer, if the defendant do not admit the plaintiff's title, shall
be "not guilty," which shall be filed within the like time
as required in personal actions; and under said answer the defendant
may give in evidence any lawful defense to the action not
inconsistent with the other provisions of this chapter. Any
defendant may defend for a part only of the premises in
question; and in such case the part shall be described in the
answer with the same certainty required in the complaint. Title 11,
Chap. 19, SEC. 11-19-19.
Pleading amended as to description of premises.
If the premises be not described with sufficient certainty in
the complaint or answer, the court or judge may order the pleading
to be amended so as to contain a sufficient description. If either
party fail to comply with such order, judgment may be entered as for
want of a complaint or answer, according to the circumstances of the
case. Title 11, Chap. 19, SEC. 11-19-21.
Forms of proceedings.
Declarations, writs, and pleas in the form or to the effect of
the precedents appended hereto, shall be good and sufficient for all
purposes in proceedings under this chapter. Title 11, Chap.
19, SEC. 11-19-23.
Form of declaration.
"The State of Mississippi In the circuit court ____term,
County of _______ A.D. ____
"A B, plaintiff, claims the right to possession of a
tract of land, situated in ---- County, containing ---- acres, more
or less, and being more particularly described as follows: (here
insert legal description of premises); and that the defendant
wrongfully deprives him of the possession thereof, for which damage
in the amount of ---- Dollars are here demanded. "E F, Attorney
If mesne profits be demanded, add to the above form the
"And the plaintiff also demands of the defendant the sum
of ---- Dollars for the use and occupation of the said land by the
Title 11, Chap. 19, SEC. 11-19-25.
Right to discover details of claim or title to premises.
After issue joined in ejectment, either party may discover the
details of the other's claim or title to the premises in question,
and the response thereto shall include a short abstract of such
documentary evidences of title as the party may intend to give in
evidence on the trial, and a clear and succinct statement of the
substance of any and all lost or destroyed documents the contents of
which he may expect to prove. If title be claimed by inheritance, or
if claimed on any fact which rests in parol, the facts shall be
stated. In case of claim by inheritance, if either party demand it,
the other shall give the ages of the several persons to whom the
land descended, and the date of the death of the person from whom
they inherited the premises. If any document referred to in the
response to such discovery request made by law be recorded, it shall
also state where it is recorded, or, if not recorded, then it shall
include copies of such as are in the possession of the party, with
the names of the subscribing witnesses thereto, if any. The
discovery response shall be served within the time and in the manner
prescribed by the Mississippi Rules of Civil Procedure and, in
default thereof, evidence of such title shall not be given on the
trial. In all cases, the evidence of title shall be confined to the
matters contained in the discovery response. Title 11, Chap.
19, SEC. 11-19-53.
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. Title 11, Chap.
19, SEC. 11-19-55.
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. Title 11, Chap. 19, SEC. 11-19-57.
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. Title 11, Chap. 19, SEC. 11-19-81.
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. Title
11, Chap. 19, SEC. 11-19-85.
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. Title 11,
Chap. 19, SEC. 11-19-87.
Proceedings as to crop upon affirmance of judgment in
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. Title 11, Chap. 19, SEC. 11-19-89.
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. Title 11, Chap. 19, SEC. 11-19-91.
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. Title 11, Chap. 19, SEC.
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. Title 11, Chap. 19, SEC. 11-19-95.
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. Title 11, Chap. 19, SEC. 11-19-97.
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. Title 11,
Chap. 19, SEC. 11-19-99.
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.
Title 11, Chap. 19, SEC. 11-19-101.
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. Title
11, Chap. 19, SEC. 11-19-103.
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. Title 11,
Chap. 19, SEC. 11-19-105.
Help? Visit our free online discussion