Practice and Procedure in Chancery Courts

Miss. Code Ann. tit. 11, ch. 5
in effect

Miss. Code Ann. § 11-5-1 Venue of suits.

Suits to confirm title to real estate, and suits to cancel clouds or remove doubts therefrom, shall be brought in the county where the land, or some part thereof, is situated; suits against executors, administrators, and guardians, touching the performance of their official duties, and suits for an account and settlement by them, and suits for the distribution of personalty of decedents among the heirs and distributees, and suits for the payment of legacies, shall be brought in the chancery court in which the will was admitted to probate, or letters of administration were granted, or the guardian was appointed; other suits respecting real or personal property may be brought in the chancery court of the county in which the property, or some portion thereof, may be; and all cases not otherwise provided may be brought in the chancery court of any county where the defendant, or any necessary party defendant, may reside or be found; and in all cases process may issue to any county to bring in defendants and to enforce all orders and decrees of the court.

Miss. Code Ann. § 11-5-3 Issue may be tried by a jury.

The chancery court, in a controversy pending before it, and necessary and proper to be tried by a jury, shall cause the issue to be thus tried to be made up in writing. The jury shall be drawn in open court from the jury box used in the circuit court, in the presence of the clerk of the circuit court who shall attend with the box for that purpose. The number drawn shall not exceed twenty, and the slips containing the names shall be returned to the box. The clerk of the chancery court shall issue the venire facias to the sheriff, returnable as the court shall direct. If there be no jury box the jury may be obtained as provided for in the circuit court in such case. The sheriff and jurors, for failure to perform duty or to attend, shall be liable to like penalty as in the circuit court. The parties shall have the same right of challenge as in trials in the circuit court, and the jury may be completed in the same manner. The chancellor may instruct the jury in the same way that juries are instructed in the circuit court, and the parties shall have the same rights in respect thereto; the instructions shall be filed in the cause and become a part of the record, and the chancellor shall sign bills of exceptions as in the circuit court, and the court may grant new trials in proper cases.

Miss. Code Ann. § 11-5-5 Change of venue in jury cases allowed.

The chancery court may award a change of venue for the trial of all issues to be tried by a jury pursuant to the procedure provided for in the Mississippi Rules of Civil Procedure. The clerk of the court from which the issue is to be removed, and the clerk of the court to which it is removed, respectively, shall, upon an order for a change of venue, discharge the duties directed to be performed by the clerks of circuit courts in such cases; and in such case the chancery court to which the venue is changed shall try the issue by a jury, and shall proceed and render decrees and finally dispose of the cause as if the suit had begun therein.

Miss. Code Ann. § 11-5-7 Repealed.

Repealed by Laws, 1991, ch. 573, § 141, eff from and after July 1, 1991. § 11-5-7 . [Codes, 1857, ch. 62, art. 53; 1871, § 1032; 1880, §§ 1861, 1862; 1892, §§ 521, 522; 1906, §§ 572, 573; Hemingway’s 1917, §§ 332, 333; 1930, § 368; 1942, § 1279] § 11-5-9 . [Codes, 1880, § 1865; 1892, § 525; 1906, § 576; Hemingway’s 1917, § 336; 1930, § 369; 1942, § 1280] § 11-5-11 . [Codes, Hutchinson’s 1848, ch. 54, art. 7; 1857, ch. 62, art. 35; 1871, § 1069; 1880, §§ 1858, 1866, 1867; 1892, §§ 518, 526; 1906, §§ 569, 577; Hemingway’s 1917, §§ 329, 337; 1930, § 372; 1942, § 1283] § 11-5-13 . [Codes, 1880, § 1869; 1892, § 527; 1906, § 578; Hemingway’s 1917, § 338; 1930, § 373; 1942, § 1284] § 11-5-15 . [Codes, 1880, § 1869; 1892, § 528; 1906, § 579; Hemingway’s 1917, § 339; 1930, § 374; 1942, § 1285] § 11-5-17 . [Codes, 1857, ch. 62, art. 39; 1871, § 1021; 1880, § 1889; 1892, § 549; 1906, § 600; Hemingway’s 1917, § 360; 1930, § 375; 1942, § 1286; Laws, 1924, ch. 151; Laws, 1942, ch. 299] § 11-5-19 . [Codes, 1871, § 1017; 1880, § 1870; 1892, § 530; 1906, § 581; Hemingway’s 1917, § 341; 1930, § 376; 1942, § 1287] § 11-5-21 . [Codes, 1871, § 1018; 1880, § 1871; 1892, § 531; 1906, § 582; Hemingway’s 1917, § 342; 1930, § 377; 1942, § 1288] § 11-5-23 . [Codes, 1930, § 378; 1942, § 1289; Laws, 1924, ch. 151] § 11-5-25 . [Codes, 1930, § 379; 1942, § 1290; Laws, 1924, ch. 151] § 11-5-27 . [Codes, 1857, ch. 62, arts. 44, 45; 1871, §§ 1016, 1024; 1880, §§ 1873, 1892; 1892, § 533; 1906, § 584; Hemingway’s 1917 § 344; 1930, § 380; 1942, § 1291; Laws, 1962, ch. 284] § 11-5-29 . [Codes, 1880, § 1874; 1892, § 534; 1906, § 585; Hemingway’s 1917, § 345; 1930, § 381; 1942, § 1292] Editor’s Notes — Former § 11-5-7 specified the application of rules specified in this chapter. Former § 11-5-9 provided that all pleadings shall be subscribed by the party or his solicitor. Former § 11-5-11 specified what the address of bills and petitions, and what the introduction should be. Former § 11-5-13 specified what the bill must contain. Former § 11-5-15 provided that exhibits filed with a bill would be considered as if copied in the bill. Former § 11-5-17 specified when a defendant was to answer or demur. Former § 11-5-19 provided a form of demurrers. Former § 11-5-21 provided that a demurrer must have attached the solicitor’s certificate that he believes it ought to be sustained. Former § 11-5-23 specified the legal sufficiency of a bill or petition questioned by answer or demurrer, and provided for a vacation hearing on a demurrer. Former § 11-5-25 abolished pleas in chancery, required every defense to be made in the answer, and provided for a separate hearing on a plea set up in the answer, if warranted. Former § 11-5-27 required the defendant to answer all allegations and provided that a denial by reference to a designated paragraph was a sufficient denial. Former § 11-5-29 required that the answer be sworn to unless such requirement was waived, and specified how a corporation should answer.

Miss. Code Ann. § 11-5-31 Before whom answers of nonresidents may be sworn.

Answers of defendants out of the state may be sworn to before any commissioner for this state, or any judge, chancellor, or any justice of the peace, notary public, or the mayor or alderman of any city or town, or clerk of a court of record, in the state or country where such defendant may be, if such officer shall be authorized to administer oaths by the law of such state or country; and the certificate of such officer as to his official character, shall be prima facie evidence thereof.

Miss. Code Ann. § 11-5-33 Repealed.

Repealed by Laws, 1991, ch. 573, § 141, eff from and after July 1, 1991. § 11-5-33 . [Codes, Hutchinson’s 1848, ch. 54, art. 12(6); 1857, ch. 62, art. 94; 1871, § 1087; 1880, § 1949; 1892, § 535; 1906, § 586; Hemingway’s 1917, § 346; 1930, § 383; 1942, § 1294] § 11-5-35 . [Codes, 1880, § 1938; 1892, § 529; 1906, § 580; Hemingway’s 1917, § 340; 1930, § 384; 1942, § 1295] § 11-5-37 . [Codes, Hutchinson’s 1848, ch. 54, art. 12(1); 1857, ch. 62, art. 51; 1871, § 1030; 1880, § 1875; 1892, § 536; 1906, § 587; Hemingway’s 1917, § 347; 1930, § 385; 1942, § 1296] § 11-5-39 . [Codes, 1871, § 1066; 1880, § 1876; 1892, § 537; 1906, § 588; Hemingway’s 1917, § 348; 1930, § 386; 1942, § 1297] § 11-5-41 . [Codes, 1871, § 1067; 1880, § 1877; 1892, § 538; 1906, § 589; Hemingway’s 1917, § 349; 1930, § 387; 1942, § 1298] § 11-5-43 . [Codes, 1857, ch. 62, art. 43; 1871, § 1019; § 1880, § 1879; 1892, § 540; 1906, § 591; Hemingway’s 1917, § 351; 1930, § 388; 1942, § 1299] § 11-5-45 . [Codes, 1857, ch. 62, art. 47; 1871, § 1026; 1880, § 1891; 1892, § 551; 1906, § 602; Hemingway’s 1917, § 362; 1930, § 389; 1942, § 1300; Laws, 1924, ch. 151] § 11-5-47 . [Codes, 1857, ch. 62, art. 40; 1871, § 1022; 1880, § 1890; 1892, § 550; 1906, § 601; Hemingway’s 1917, § 361; 1930, § 390; 1942, § 1301; Laws, 1924, ch. 151.] Editor’s Notes — Former § 11-5-33 abolished the rule requiring two witnesses to overthrow an answer. Former § 11-5-35 provided that exhibits could be proved by affidavits or witnesses. Former § 11-5-37 authorized making an answer a cross-bill against a complainant or codefendant. Former § 11-5-39 authorized a complainant to obtain an order of attachment to compel the defendant to answer when defendant fails to answer. Former § 11-5-41 required the imprisonment of a defendant who refused to answer after an attachment for the purpose of coercing an answer. Former § 11-5-43 provided that a replication to an answer was not required, but that the cause would be at issue when the answer was filed. Former § 11-5-45 abolished exceptions to bills and answers, and provided for objections by motion, motions to strike and amendments to bills and answers. Former § 11-5-47 authorized an agreement between parties for additional time to answer or demur, provided that a solicitor, once authorized, was authorized until written notice of termination of authority was given.

Miss. Code Ann. § 11-5-49 Answer not required in certain cases.

In proceedings in matters testamentary and of administration, in minors’ business, and in cases of persons with an intellectual disability, persons with mental illness and persons of unsound mind, as provided for by law, no answer shall be required to any petition or application of any sort. Such a petition or application shall not be taken as confessed because of the lack of an answer, but every petition, application, or account shall be supported by the proper evidence and may be contested without an answer. All such proceedings shall be as summary, as the statutes authorizing and regulating them contemplate; however, when either of the parties having a controversy in court as to any of those several matters requires and the court sees proper, it may direct plenary proceedings by bill or petition, to which there shall be an answer on oath or affirmation. If an adult or sane party refuses to answer as to any matter alleged in the bill or petition and proper for the court to decide upon, the party refusing may be attached, fined, and imprisoned at the discretion of the court, and the matter set forth in the bill or petition shall be taken as confessed and a decree shall be made accordingly.

Miss. Code Ann. § 11-5-51 Answer or demurrer may be filed where answer not required.

Where an answer is not necessary in the matters mentioned in Section 11-5-49, anyone desiring to contest any petition or application may file an answer, or may demur to any petition, and in that way test its sufficiency.

Miss. Code Ann. § 11-5-53 Repealed.

Repealed by Laws, 1991, ch. 573, § 141, eff from and after July 1, 1991. § 11-5-53 . [Codes, 1857, ch. 62, art. 49; 1871, § 1028; 1880, § 1881; 1892, § 542; 1906, § 593; Hemingway’s 1917, § 353; 1930, § 391; 1942, § 1302] § 11-5-55 . [Codes, 1880, § 1885; 1892, § 546; 1906, § 597; Hemingway’s 1917, § 357; 1930, § 392; 1942, § 1303] § 11-5-57 . [Codes, 1880, § 1882; 1892, § 543; 1906, § 594; Hemingway’s 1917, § 354; 1930, § 393; 1942, § 1304] § 11-5-59 . [Codes, 1880, § 1883; 1892, § 544; 1906, § 595; Hemingway’s 1917, § 355; 1930, § 394; 1942, § 1305; Laws, 1924, ch. 151] § 11-5-61 . [Codes, 1880, § 1884; 1892, § 545; 1906, § 596; Hemingway’s 1917, § 356; 1930, § 395; 1942, § 1306] § 11-5-63 . [Codes, 1880, §§ 1886, 1887; 1892, § 547; 1906, § 598; Hemingway’s 1917, § 358; 1930, § 396; 1942, § 1307] § 11-5-65 . [Codes, 1880, § 1888; 1892, § 548; 1906, § 599; Hemingway’s 1917, § 359; 1930, § 397; 1942, § 1308] § 11-5-67 . [Codes, 1930, § 399; 1942, § 1310; Laws, 1924, ch. 151; Laws, 1950, ch. 341, §§ 1-3] § 11-5-69 . [Codes, 1880, §§ 1950, 1951; 1892, § 1764; 1906, § 1941; Hemingway’s 1917, § 1601; 1930, § 400; 1942, § 1311; Laws, 1904, ch. 148; Laws, 1916, ch. 220] § 11-5-71 . [Codes, 1942, § 1312; Laws, 1938, ch. 265] § 11-5-73 . [Codes, 1880, § 1895; 1892, § 555; 1906, § 606; Hemingway’s 1917, § 366; 1930, § 401; 1942, § 1313] Editor’s Notes — Former § 11-5-53 provided that amendments to pleadings and proceedings would be allowed on liberal terms. Former § 11-5-55 authorized a complainant to file an amended bill to make new parties in vacation, without leave of court. Former § 11-5-57 specified when a complainant could amend his bill without leave of the court. Former § 11-5-59 specified the amount of time provided to answer an amended bill or petition. Former § 11-5-61 specified how amendments of bill and answers were to be made. Former § 11-5-63 related to demurrer for multifariousness. Former § 11-5-65 provided that an objection for misjoinder of parties taken at the hearing could not be considered, and directed the court to decree upon the merits. Former § 11-5-67 specified when causes were triable. Former § 11-5-69 specified the methods of adducing testimony and examining witnesses. Former § 11-5-71 authorized the defendant to introduce evidence even though defendant’s motion to exclude complainant’s evidence was overruled. Former § 11-5-73 related to bills of exceptions.

Miss. Code Ann. § 11-5-75 Creditors may attack fraudulent conveyances.

The chancery court shall have jurisdiction of causes of action filed under the Uniform Fraudulent Transfer Act. Upon such a complaint, a writ of sequestration or injunction, or both, may be issued upon like terms and conditions as such writs may be issued in other cases, and subject to such proceedings and provisions thereafter as are applicable in other cases of such writs; and the chancellor of the proper district shall have power and authority to grant orders for receivers, in same manner as if the creditor had recovered judgment and had execution returned “no property found.” The creditor in such case shall have a lien upon the property described therein from the filing of his complaint, except as against bona fide purchasers before the service of process upon the defendant in the complaint.

Miss. Code Ann. § 11-5-77 Repealed.

Repealed by Laws, 1991, ch. 573, § 141, eff from and after July 1, 1991. [Codes, 1880, § 1934; 1892, § 591; 1906, § 642; Hemingway’s 1917, § 404; 1930, § 450; 1942, § 1370]

Miss. Code Ann. § 11-5-79 Decree to operate as judgment of circuit court.

The decree of a court of chancery shall have the force, operation, and effect of a judgment at law in the circuit court.

Miss. Code Ann. § 11-5-81 Fieri facias or garnishment on decrees for money.

Whenever the court shall render an order, judgment, or decree for the payment of money against any executor, administrator, or guardian, or any other party litigant therein, a compliance with such order, judgment or decree may be enforced by process of fieri facias or garnishment.

Miss. Code Ann. § 11-5-83 Sheriff to execute decrees; clerk to issue process.

Decrees, where a master or special commissioner is not appointed to execute them, shall be executed by the sheriff; and the clerk shall issue all writs of fieri facias, habere facias possessionem, or other final process, according to the nature of the case, directed to the sheriff, and returnable to the next term of the court or at such other time as in a given case may be prescribed.

Miss. Code Ann. § 11-5-85 Decree to operate as a conveyance.

When a decree shall be made for a conveyance, release or acquittance, or other writing, and the party against whom the decree is made shall not comply therewith, then such decree shall be considered and taken in all courts of law and equity to have the same operation and effect, and shall be as available, as if the conveyance, release, or acquittance, or other writing had been executed in conformity to the decree; or the court may appoint a commissioner to execute such writing, which shall have the same effect as if executed by the party.

Miss. Code Ann. § 11-5-87 and 11-5-89. Repealed.

Repealed by Laws, 1991, ch. 573, § 141, eff from and after July 1, 1991. § 11-5-87 . [Codes, 1942, § 1390; Laws, 1934, ch. 252] § 11-5-89 . [Codes, 1857, ch. 62, art. 36; 1871, § 1070; 1880, § 1859; 1892, § 519; 1906, § 570; Hemingway’s 1917, § 330; 1930, § 470; 1942, § 1391; Laws, 1962, ch. 287] Editor’s Notes — Former § 11-5-87 authorized any party to request the court to separately state its findings of fact and conclusions of law. Former § 11-5-89 specified when decrees on publication only were final.

Miss. Code Ann. § 11-5-91 Reopening of judgment rendered on publication only.

A defendant against whom a judgment has been rendered on publication only may request to reopen the judgment pursuant to the procedures provided for in the Mississippi Rules of Civil Procedure. The title to property sold to a purchaser, in good faith, in pursuance of a judgment, shall not be affected by reopening of the judgment.

Miss. Code Ann. § 11-5-93 Sales of realty under decrees.

Every sale of real estate ordered by a decree of any court of chancery shall be made for cash, unless otherwise ordered by the court, and at such place and on such notice as may be directed in the decree; and if direction be not given, at such place and on such notice as is required in case of sales of land under execution at law. The person making the sale, if made on credit, shall take bond, with sufficient security, in double the amount of the purchase money, payable to the parties entitled to receive the same under the decree, or to such persons as the court may direct, conditioned for the payment of the purchase money, with interest at the rate borne by the decree, to the time when the same, as directed by the decree, shall fall due. Such bond shall be returned and filed in the clerk’s office, and if not paid at maturity, shall have the force and effect of a judgment; and the clerk shall issue execution thereon. If any of the obligees be dead, the execution shall be in favor of the survivors and the representatives of those deceased. And in all decrees for the sale of real estate, the chancellor may fix a sum to be paid on sale, and if the sale be not confirmed, the sum so paid shall be returned to the bidder. If the purchaser fail to pay the amount of his bid or to comply with the decree, the amount advanced shall go to the party entitled to the purchase money, and the land shall be resold.

Miss. Code Ann. § 11-5-95 Court may fix terms of sale.

All property may be sold on such terms and at such time and place as the court may direct.

Miss. Code Ann. § 11-5-97 Lien on land sold on credit.

All land sold under decree of the chancery court shall be held liable and subject to a lien for the unpaid purchase money therefor as if a mortgage had been executed by the purchaser and duly recorded; and said lien shall exist until actual payment of the purchase money, or until, by order of the court or chancellor, the same shall be discharged.

Miss. Code Ann. § 11-5-99 Hour and adjournment of sales.

A sale of real estate shall not commence before the hour of eleven o’clock on the day appointed, nor continue longer than four o’clock of the same day; but if the time be insufficient to complete the sale, it may be continued from day to day until completed, by giving public notice to the company present at the conclusion of each day’s sale; and such sale on the succeeding day shall commence and end as directed for the first day.

Miss. Code Ann. § 11-5-101 Person making sale not to purchase.

In no instance shall the person who makes the sale become, either directly or indirectly, the purchaser at a sale made by him.

Miss. Code Ann. § 11-5-103 Report of sale of land.

And when the sale has been completed, the person making the same shall make report thereof in writing to the court, stating the time and place of sale, the name of the purchaser, and the amount of purchase money, and shall satisfy the court that the directions prescribed in the decree of sale and the law have been followed; and thereupon the court shall proceed to make a decree confirming the sale, unless good reason be shown to the contrary. And the court shall order the person who made the sale to make a conveyance to the purchaser of the land so sold; but if the sale be not reported to the following term, the court may compel the making of a proper report at a subsequent term, and may then confirm or set aside the same; and the person failing to make such report in proper time may be fined, as for a contempt, not exceeding one hundred dollars.

Miss. Code Ann. § 11-5-105 On death of executor, or other person authorized, who shall sell or convey.

If the executor, administrator, guardian, master, or special commissioner who was ordered to make a sale or lease, shall die, resign, or be removed before doing it, such sale or lease may be made by the successor of such executor, administrator, guardian, master, or commissioner, or by any person appointed by the court or the chancellor in vacation to make it. In case of a death, resignation or removal of an executor, administrator, guardian, master, or commissioner, after making a sale, and before its report or confirmation, or before a conveyance of the title, in case of the sale of land, the court shall ascertain the facts, and, if satisfied that the sale ought to be confirmed, shall make a decree confirming it, and order a conveyance, if land was sold, to be made to the purchaser, either by the successor in the administration or guardianship of the person who made the sale, or by a master or commissioner appointed for that purpose; and such conveyance shall have the same effect to vest the title in the person to whom it is made, as if it had been made and delivered by the person who made the sale.

Miss. Code Ann. § 11-5-107 Sales, leases, partitions, may be reported and confirmed in vacation; proceedings.

Reports of sales of lands or leases or of partition in kind, where there is no contest, may be made in vacation to the chancellor, and upon five days’ notice to the parties and the purchaser or lessee, or to the parties to the proceedings for partition in kind, of the time and place of hearing the application therefor, or upon such publication for any of the interested parties who may be nonresidents of this state, or who cannot be found upon diligent inquiry, as is required for nonresident or absent defendants in chancery, may be confirmed by him. But the said five days’ notice to parties and the purchaser, or lessee or to the parties defendant to the proceedings for partition in kind of the time and place of hearing application therefor, and also such publication for any of the interested parties who may be nonresidents of this state, and to persons who cannot be found upon diligent inquiry, may be dispensed with, provided the interlocutory decree ordering said sale or lease or partition in kind shall specifically designate a definite date and place for the hearing of such application to confirm said report of sale, or lease, or partition in kind before the chancellor in vacation, but said application to confirm shall not be heard earlier than five days after the report of such sale or lease, or partition in kind shall have been filed in the proper court with papers in the cause.

Miss. Code Ann. § 11-5-109 Bond to prevent confirmation.

The party who objects to a sale under a decree because of the inadequacy of the bid, or any person interested therein, may prevent the confirmation thereof by entering into a bond in a penalty equal to double the amount of the bid, with sufficient sureties, to be approved by the court or clerk, payable to the opposite party, conditioned to pay all costs of a resale, and that the property shall bring thereat an advance of not less than twenty per centum upon the bid, exclusive of the cost of resale.

Miss. Code Ann. § 11-5-111 Decree for balance after sale of property.

Upon the confirmation of the report of sale of any property, real or personal, under a decree for sale to satisfy a mortgage, deed of trust, or other lien on such property, if there be a balance due to the complainant, the court, upon motion, shall give a decree against the defendant for any such balance for which by the record of the case he may be personally liable, upon which decree execution may issue.

Miss. Code Ann. § 11-5-113 Provisions applicable to all sales made by order or decree of the court.

All the provisions of this chapter on the subject of sales shall apply to all sales of real estate under any decree in the chancery court made in matters testamentary and of administration, minors’ business, cases of persons with an intellectual disability, persons with mental illness and persons of unsound mind, of partition, and all other matters.

Miss. Code Ann. § 11-5-115 Rights of infants saved.

When a decree shall be made for the sale or conveyance of the real estate of an infant, such decree shall be binding on the infant unless he shall, within one year after attaining the age of twenty-one years, show to the court good cause to the contrary; and it shall not be necessary to insert the saving in the decree, but the saving shall not extend to decrees for the sale of the property of deceased persons, authorizing sales by guardians, or enforcing deeds of trust or mortgages.

Miss. Code Ann. § 11-5-117 Private sales authorized.

In addition to the law now in force authorizing the chancery court to decree the sale of land and personal property, the chancery court and the chancellor in vacation are authorized in all matters providing for a sale or lease of real and personal property, including matters testamentary and of administration, minors’ business, persons with mental illness, partition and receivers, to order or decree the sale or lease of real and personal property or any interest in the property, including timber, oil, gas and minerals, at private sale, under such terms and conditions as the chancellor may impose. If all of the terms of sale are made certain by the order or decree, a deed or lease executed in full compliance with the order or decree shall become immediately effective without further confirmation by the court or chancellor. This section shall not be construed to invalidate any proceedings previously done in conformity with this section.

Miss. Code Ann. § 11-5-119 and 11-5-121. Repealed.

Repealed by Laws, 1991, ch. 573, § 141, eff from and after July 1, 1991. § 11-5-119 . [Codes, 1871, § 1034; 1880, § 1896; 1892, § 556; 1906, § 607; Hemingway’s 1917, § 367; 1930, § 472; 1942, § 1393] § 11-5-121 . [Codes, Hutchinson’s 1848, ch. 57, art. 1 (15); 1857, ch. 57, art. 16; 1871, § 2160; 1880, § 2681; 1892, § 2751; 1906, § 3111; Hemingway’s 1917, § 2475; 1930, § 2322; 1942, § 752] Editor’s Notes — Former § 11-5-119 authorized the staying of proceedings on a bill of review. Former § 11-5-121 required that bills of review be filed within two years after the date of the final decree.

Miss. Code Ann. § 11-5-123 New bond required when security insufficient in certain cases.

When it shall be alleged that the security on an injunction or receiver’s bonds, or any bond taken upon any proceeding in the chancery court, is insufficient, the chancellor shall have power to hear and determine the same in vacation, as well as in term time, and may order the injunction to be dissolved, or the receiver to be suspended or removed, or may make such other order as may be just and equitable in the case, unless a new bond with sufficient sureties be given within twenty days, or such time as he shall appoint; but if done in vacation, at least five days’ notice of the time and place of making the application shall be given to the opposite party.

Miss. Code Ann. § 11-5-151 Receivers may be appointed or removed in vacation.

Receivers may be appointed by the chancellor in vacation, as well as by the chancery court in term time; and any receiver may be removed by the chancellor in vacation, as well as by the chancery court in term time; but before any receiver shall be so removed in vacation, the party applying therefor must give the adverse party, or his solicitor, and the receiver five days’ notice of the time and place of presenting such application; such application may be heard in term time on two days’ notice.

Miss. Code Ann. § 11-5-153 Receiver not appointed without notice.

A receiver shall not be appointed without the party praying the appointment having given the opposite party at least five days’ notice of the time and place of making the application, unless it shall appear that an immediate appointment is necessary, or good cause be shown for not giving notice.

Miss. Code Ann. § 11-5-155 Complainant to give bond before receiver appointed without notice.

Before any receiver shall be appointed without notice, the party applying for the appointment shall execute bond, payable to the adverse party, in a sufficient penalty to be fixed by the court or chancellor, with sufficient sureties, conditioned to pay all damages that may be sustained by the appointment of such receiver in case the appointment be revoked; and said bond shall be filed in the cause, and damages may be recovered thereon in the suit in the same manner as damages are recoverable on an injunction bond or the party entitled to damages may maintain an independent suit on such bond for such damages.

Miss. Code Ann. § 11-5-157 Bond in lieu of receiver.

On an application for the appointment of a receiver, the court or chancellor may, in the exercise of sound discretion, in lieu of a receiver, order that the party against whom the receiver is asked, execute bond, to be approved by the court or chancellor, payable to the party who asks for the appointment, with sufficient sureties, in a sufficient penalty, to be fixed by the court or chancellor, conditioned according to the nature of the case, as the court or chancellor may direct. Upon the execution, approval, and filing of such bond, the receiver shall not be appointed; and any decree rendered in the cause on final hearing against the principal obligor in the bond shall be rendered against the sureties therein, within the scope of its conditions and penalty. On an application to remove a receiver who shall have been appointed without notice, the court or chancellor may exercise the same discretion, and, in lieu of retaining the receiver, may remove him upon the execution, approval, and filing of such bond; and decree may be rendered thereon as if given on the application for the appointment of a receiver.

Miss. Code Ann. § 11-5-159 Bond of receiver.

Every receiver, when appointed, shall, before being authorized to act as such, give bond, payable to the state, in such penalty and with such sureties as may be approved by the court or chancellor, conditioned that he will in all things faithfully discharge the duties of his office as receiver; which bond shall be filed with the clerk of the court, and may be put in suit, in the name of the state, for the use of the party aggrieved, from time to time, until the whole penalty shall be recovered.

Miss. Code Ann. § 11-5-161 Receivers subject to orders of court, and may apply therefor in vacation.

Receivers shall be subject to the orders, instructions, and decrees of the court, and of the chancellor in vacation; and they, or any party in interest, may apply therefor in term time, or to the chancellor in vacation, or for modifications of previous orders or instructions; and obedience thereto may be enforced by attachment.

Miss. Code Ann. § 11-5-163 Receiver of estate of decedent, minor.

In all cases in which it may be thought to be necessary for the protection of the estate of decedents, minors, and persons of unsound mind, a receiver may be appointed, either by the court or by the chancellor in vacation, subject to the provisions of sections 11-5-151 to 11-5-161.

Miss. Code Ann. § 11-5-165 Receiver of money paid into court.

When money shall be paid into court under its order, a receiver may be appointed to keep the same, who shall give bond and security as in other cases; but if the money shall be ordered to be paid to the clerk of such court, his official bond shall cover it, and an additional bond may be required if the court or chancellor shall think proper.

Miss. Code Ann. § 11-5-167 Compensation of receiver.

Receivers shall be entitled to have such compensation for their services as the court shall allow, and shall have a lien upon the property in their hands for the payment thereof, and of their necessary expenses. The court shall make such order to compel the payment thereof as may be just and necessary, and may decree the payment thereof by any of the parties as a portion of the costs of the suit.

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