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.
Structure Mississippi Code
Title 11 - Civil Practice and Procedure
Chapter 23 - Trial of Right of Property
§ 11-23-1. Proceedings when third person claims subject of action
§ 11-23-3. Third party proceeding applicable to officers
§ 11-23-7. Claim to property levied on; how interposed
§ 11-23-9. Execution stayed for value of property claimed, unless
§ 11-23-11. Issue to be made up
§ 11-23-13. Default in making up issue
§ 11-23-15. Burden of proof on plaintiff; trial of issue
§ 11-23-19. Laws applicable in case of death
§ 11-23-21. New bond may be required
§ 11-23-23. Venue changed in certain cases
§ 11-23-25. Proceedings in justice's court