On the trial of the issue, the burden of proof shall be on the plaintiff in execution, and the issue shall be tried as in ordinary actions at law, and either party shall have the same rights as in other trials. The jury trying the issue, in case it find in favor of the plaintiff in execution, shall assess the value of the property subject to the execution, and shall certify whether the claim was made for fraudulent purposes or for delay. The valuation of the officer taking the bond of the claimant shall be prima facie evidence of the value of the property; and in case the jury fail to find the value of the property, the plaintiff may, at his election, take judgment for the value as returned by the officer, or have a writ of inquiry.
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