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.
Structure Mississippi Code
Title 11 - Civil Practice and Procedure
Chapter 21 - Partition of Property
§ 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
§ 11-21-35. 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