89-7-115 - Tenant's remedy against landlord. - Mississippi Statutes

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Statutes > Mississippi > Title-89 > 7 > 89-7-115

§ 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.

Sources: Codes, Hutchinson's 1848, ch. 56, art. 5 (5); 1857, ch. 41, art. 10; 1871, § 1629; 1880, § 1311; 1892, § 2517; 1906, § 2855; Hemingway's 1917, § 2353; 1930, § 2218; 1942, § 940.

State Codes and Statutes

Statutes > Mississippi > Title-89 > 7 > 89-7-115

§ 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.

Sources: Codes, Hutchinson's 1848, ch. 56, art. 5 (5); 1857, ch. 41, art. 10; 1871, § 1629; 1880, § 1311; 1892, § 2517; 1906, § 2855; Hemingway's 1917, § 2353; 1930, § 2218; 1942, § 940.

State Codes and Statutes

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State Codes and Statutes

Statutes > Mississippi > Title-89 > 7 > 89-7-115

§ 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.

Sources: Codes, Hutchinson's 1848, ch. 56, art. 5 (5); 1857, ch. 41, art. 10; 1871, § 1629; 1880, § 1311; 1892, § 2517; 1906, § 2855; Hemingway's 1917, § 2353; 1930, § 2218; 1942, § 940.