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.
Structure Mississippi Code
Title 11 - Civil Practice and Procedure
§ 11-19-1. In what case the action lies
§ 11-19-3. Power of courts over proceedings
§ 11-19-5. Who may be made defendants
§ 11-19-9. Landlord notified and admitted to defend
§ 11-19-11. Reversioner or remainderman admitted to defend
§ 11-19-13. Default of tenant for life not to prejudice
§ 11-19-19. Answer and defense
§ 11-19-21. Pleading amended as to description of premises
§ 11-19-23. Forms of proceedings
§ 11-19-25. Form of declaration
§ 11-19-53. Right to discover details of claim or title to premises
§ 11-19-55. Either party may have a survey made
§ 11-19-57. Action not abated by death
§ 11-19-81. When title of plaintiff has expired
§ 11-19-85. Trial of action between cotenants
§ 11-19-87. When a crop is growing on the land
§ 11-19-89. Proceedings as to crop upon affirmance of judgment in Supreme Court
§ 11-19-91. Judgment on the bond in proceedings involving crop
§ 11-19-93. Exceptions to insufficient bond
§ 11-19-95. Mesne profits and compensation for improvements
§ 11-19-97. How improvements estimated and judgment therefor
§ 11-19-99. How proceeds divided in case of sale
§ 11-19-101. Reversioner or remainderman to have appeal