Mississippi Code
General Provisions
§ 11-5-49. Answer not required in certain cases

In proceedings in matters testamentary and of administration, in minors' business, and in cases of persons with an intellectual disability, persons with mental illness and persons of unsound mind, as provided for by law, no answer shall be required to any petition or application of any sort. Such a petition or application shall not be taken as confessed because of the lack of an answer, but every petition, application, or account shall be supported by the proper evidence and may be contested without an answer. All such proceedings shall be as summary, as the statutes authorizing and regulating them contemplate; however, when either of the parties having a controversy in court as to any of those several matters requires and the court sees proper, it may direct plenary proceedings by bill or petition, to which there shall be an answer on oath or affirmation. If an adult or sane party refuses to answer as to any matter alleged in the bill or petition and proper for the court to decide upon, the party refusing may be attached, fined, and imprisoned at the discretion of the court, and the matter set forth in the bill or petition shall be taken as confessed and a decree shall be made accordingly.

Structure Mississippi Code

Mississippi Code

Title 11 - Civil Practice and Procedure

Chapter 5 - Practice and Procedure in Chancery Courts

General Provisions

§ 11-5-1. Venue of suits

§ 11-5-3. Issue may be tried by a jury

§ 11-5-5. Change of venue in jury cases allowed

§ 11-5-31. Before whom answers of nonresidents may be sworn

§ 11-5-49. Answer not required in certain cases

§ 11-5-51. Answer or demurrer may be filed where answer not required

§ 11-5-75. Creditors may attack fraudulent conveyances

§ 11-5-79. Decree to operate as judgment of circuit court

§ 11-5-81. Fieri facias or garnishment on decrees for money

§ 11-5-83. Sheriff to execute decrees; clerk to issue process

§ 11-5-85. Decree to operate as a conveyance

§ 11-5-91. Reopening of judgment rendered on publication only

§ 11-5-93. Sales of realty under decrees

§ 11-5-95. Court may fix terms of sale

§ 11-5-97. Lien on land sold on credit

§ 11-5-99. Hour and adjournment of sales

§ 11-5-101. Person making sale not to purchase

§ 11-5-103. Report of sale of land

§ 11-5-105. On death of executor, or other person authorized, who shall sell or convey

§ 11-5-107. Sales, leases, partitions, may be reported and confirmed in vacation; proceedings

§ 11-5-109. Bond to prevent confirmation

§ 11-5-111. Decree for balance after sale of property

§ 11-5-113. Provisions applicable to all sales made by order or decree of the court

§ 11-5-115. Rights of infants saved

§ 11-5-123. New bond required when security insufficient in certain cases