The affidavit by a third person claiming property distrained or seized for rent or supplies may be in the following form, to wit:
"State of Mississippi, County. "Before me, , a justice of the peace of the said county, makes oath that certain property to wit: eight bales of cotton [or whatever the property may be], distrained for rent by , a constable of said county, by virtue of an attachment for rent in favor of against , are the property of affiant and not the property of , nor held in trust for his use, in any manner whatsoever; and are not liable to such distress. "Sworn to and subscribed before me, the day of , A.D. ", J.P."
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Structure 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
§ 89-7-37. 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
§ 89-7-49. 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
§ 89-7-59. Before whom complaint made
§ 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
§ 89-7-105. 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