Mississippi Code
Chapter 7 - Landlord and Tenant
§ 89-7-115. Tenant's remedy against landlord

If any distress or seizure and sale be made under color of law for rent or supplies pretended to be due and in arrear, where, in truth, no rent or sum for supplies is due or owing to the party causing the distress or seizure to be made, then the owner of the agricultural products or other property so taken and sold, his executor or administrator, shall have remedy by action against the person in whose name or right such property was taken, his executor or administrator, and shall recover double the value of the property, with costs, or may put the bond of the plaintiff in suit to recover damages for the wrongful suing out of the writ, and shall recover therein double the value of the property, if the penalty of the bond amount to so much.

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