When any distress or seizure shall be made for rent or supplies justly due, and any irregularity or unlawful act shall afterwards be done by the officer distraining or seizing, the distress or seizure shall not, for that reason, be unlawful, nor the officer making or seizing it, or the party at whose instance the writ was issued, become a trespasser from the beginning, but the party aggrieved by such irregularity or unlawful act, may recover the special damage he may have sustained thereby. However, an action shall not be sustained if tender of amends be made by the party distraining before suit is brought.
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