Mississippi Code
Chapter 7 - Landlord and Tenant
§ 89-7-101. The avowry

The avowry shall be substantially to the following effect, to wit:
"Thomas East v. Circuit court, County. William West. "And now comes the defendant, William West, and for plea to plaintiff's declaration he says: True it is that he caused the property described in the plaintiff's declaration to be seized; but the seizure was not wrongful, because he says that before the said seizure defendant was the plaintiff's landlord; that he, the defendant, as landlord, leased to the plaintiff, as tenant, certain premises in said county, to wit: [here describe the leased premises] for the term beginning on the day of , A.D. , and ending on the day of , A.D. ; that at the time of the said seizure the plaintiff, as tenant, was indebted to defendant, as landlord, in the sum of dollars, for rent of said premises and for supplies furnished his said tenant by this defendant [or for rent alone or supplies alone, as the case may be]. An itemized account or statement of said indebtedness is herewith filed [or the note or writing evidencing said debt, as the case may be], and the said debt became due on the day of , A.D. , and the said seizure was made to satisfy the sum so due; and this the defendant is ready to verify." If the avowry be for a sum to become due, strike out from the form all after the last parenthesis, and insert in lieu thereof the following, viz.: "Which said indebtedness will become due on the day of , A.D. , and defendant had just cause to suspect, and verily believed, that the plaintiff would remove his effects, or some part of the agricultural products raised thereon, from the leased premises before the expiration of his term, or before the said debt would become due, so that distress could not be made, and the said seizure was made to satisfy the said sum. This the defendant is ready to verify."
Click to view

Structure Mississippi Code

Mississippi Code

Title 89 - Real and Personal Property

Chapter 7 - Landlord and Tenant

§ 89-7-1. Goods not to be removed until rent paid

§ 89-7-3. Tenant not bound to pay rent for, or to restore, buildings destroyed; exception

§ 89-7-5. Action for use and occupation where there is no contract

§ 89-7-7. Remedy by action for rent in arrear

§ 89-7-9. Death of tenant for life; apportionment of rent

§ 89-7-11. Rent assets in hands of personal representative

§ 89-7-13. Executor or administrator may sue or distrain

§ 89-7-15. Rights of assignees of lessor

§ 89-7-17. Grants of rents, good without attornment

§ 89-7-19. Attornment of tenant to stranger void; exception

§ 89-7-21. Rights of lessees against assignees of lessor

§ 89-7-23. Notice to terminate tenancy

§ 89-7-25. Tenant holding after notice liable for double rent

§ 89-7-27. Proceedings against tenant holding over

§ 89-7-29. Affidavit to remove

§ 89-7-33. Service of summons

§ 89-7-37. Defense may be made

§ 89-7-39. Continuances, subpoenas

§ 89-7-43. Judgment for defendant

§ 89-7-45. When warrant for removal may issue in cases of nonpayment of rent

§ 89-7-47. Record, appeals

§ 89-7-49. Proceedings when tenant deserts premises

§ 89-7-53. Lien for live stock, implements and vehicles

§ 89-7-55. Attachment for rent and supplies; who entitled to and for what

§ 89-7-57. How obtained

§ 89-7-59. Before whom complaint made

§ 89-7-61. Writ

§ 89-7-63. Form of affidavit

§ 89-7-65. Form of bond

§ 89-7-67. Form of the writ

§ 89-7-69. Goods sold if not replevied

§ 89-7-71. Form of bond for payment of rent

§ 89-7-73. Bond delivered to lessor, and proceedings thereon

§ 89-7-75. Remedy when claim not due in certain cases

§ 89-7-77. Goods removed before debt due, distrained

§ 89-7-79. Goods removed, seized within thirty days

§ 89-7-81. Distress may be made after termination of lease

§ 89-7-83. Sale of goods stopped without bond

§ 89-7-85. Distress to be reasonable, and property seized not to be removed from county

§ 89-7-87. Irregularities not to affect distress

§ 89-7-89. How goods replevied

§ 89-7-91. Summons or publication for party distraining

§ 89-7-93. Form of replevin-bond

§ 89-7-95. Party replevying to propound claim

§ 89-7-97. Form of declaration

§ 89-7-99. Pleas to the declaration

§ 89-7-101. The avowry

§ 89-7-103. The replication

§ 89-7-105. Replication in case rent not due

§ 89-7-107. Replevin; when triable, and judgment upon default

§ 89-7-109. Suit revived in case of death of party

§ 89-7-111. Judgment if trial results against lessor

§ 89-7-113. Papers transferred, if returned to wrong court

§ 89-7-115. Tenant's remedy against landlord

§ 89-7-117. Property of strangers not liable

§ 89-7-119. Replevin of property by strangers

§ 89-7-121. Form of affidavit by third person

§ 89-7-123. Proceedings to be as in replevin by tenant

§ 89-7-125. Burden of proof