If the tenant shall make affidavit, before the officer holding his property under an attachment for rent or supplies alleged to be due or to become due, that he does not or will not owe the amount claimed, such officer shall not sell the property, unless it be liable to perish or greatly depreciate, or be expensive to keep, in which case he shall sell it and hold the proceeds to the end of the suit; and he shall return the attachment with the affidavit and a statement of his proceedings to the proper court, and shall summon the party who sued out the attachment to appear there; and further proceedings shall be had as if the tenant had replevied the goods by giving bond.
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