In case the defendant shall not appear at the return term of the writ, or in cases against unknown owners, where no person or party interposes a claim, the court shall award the petitioner a judgment for the amount as appears to the court that petitioner is entitled to, and condemn the funds in the hands of the sheriff, or render judgment against the defendant or his bond as the case may be, for the satisfaction of the judgment so rendered and costs. In case there shall be a surplus remaining in the hands of the sheriff after satisfying the judgment and costs, it shall be paid to the clerk of the court, to be held by him subject to the claim of the owners of the property so sold, and shall be paid out to such owner, upon the order of the court, after satisfactory evidence is adduced, establishing in the judgment of the court such ownership. In all cases where the petitioner establishes his claim, and is awarded a judgment for the amount stated in the petition, the court shall allow the petitioner a reasonable attorney's fee for preparing the petition, which shall be taxed as part of the costs of the case.
Structure Mississippi Code
Title 89 - Real and Personal Property
§ 89-17-1. Abandoned logs, boats, etc., salvaged
§ 89-17-3. Replevin by owner; bond; lien for salvage
§ 89-17-5. Prima facie abandonment
§ 89-17-7. Jurisdiction limited
§ 89-17-9. How claims for salvage service rendered shall be filed and prosecuted
§ 89-17-11. Clerk to issue summons
§ 89-17-13. How notice given where parties are nonresidents of state
§ 89-17-15. Procedure on return of writ; defendant to plead to petition in case of contest
§ 89-17-17. Sheriff to advertise property for sale; proceeds held for result of suit
§ 89-17-19. Failure of defendant to appear at return term; funds condemned to satisfy judgment
§ 89-17-21. Jurisdiction of justice courts; time for trial; notice to parties
§ 89-17-23. Person claiming property admitted to defend
§ 89-17-25. Penalty for converting derelict property to own use
§ 89-17-27. Unlawful to purchase derelict property from finder thereof