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Mississippi Code

Miss. Code Ann. § 1-3-41 (2024)

Personal property

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The term "personal property," when used in any statute, means all tangible and intangible personal property and shall include cash, goods, deposit accounts, chattels, effects, evidences of rights of action, and all written instruments, including promissory notes, by which any pecuniary obligation, or any right, title, or interest in any real or personal estate, shall be created, acknowledged, transferred, incurred, defeated, discharged, or diminished.

Codes, Hutchinson's 1848, ch. 64, art. 12, Title 8 (27); 1857, ch. 64, art. 351; 1871, § 2858; 1880, § 3107; 1892, § 1513; 1906, § 1591; Hemingway's 1917, § 1358; 1930, § 1382; 1942, § 690.

Brought forward by Laws, 2021, ch. 338, HB 429,§ 3, eff. 7/1/2021.

Amended by Laws, 2018, ch. 380, SB 2508,§ 1, eff. 7/1/2018.

Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1981–2022 · leading case: Garrett v. Gay, 394 So. 2d 321 (Miss. 1981).
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Garrett v. Gay, 394 So. 2d 321 (Miss. 1981). · cites it 4× “We must determine if the statute authorizes persons 18 years of age or older to settle a tort claim for personal injuries and execute a release for the claim.”
Dowdle Butane Gas Co. v. Moore, 831 So. 2d 1124 (Miss. 2002). · cites it 2× “Mississippi law recognizes that a chose in action constitutes personal property under Miss.Code Ann. § 1-3-41 (1998). In Garrett v.”
Guice v. Mississippi Life Ins. Co., 836 So. 2d 756 (Miss. 2003). · cites it 2× “Miss.Code Ann. § 1-3-41 (1998) defines personal property when used in any statute to "include goods, chattels, evidences of rights of action, and all written instruments by which any pecuniary obligation, or any right, title, or interest in any real or personal estate, shall be…”
Bullock v. Life Ins. Co. of Mississippi, 872 So. 2d 658 (Miss. 2004). · cites it 2× “NOTES [1] Miss.Code Ann. § 1-3-41 (Rev.1998) defines "personal property" as "all written instruments by which any pecuniary obligation, or any right, title, or interest in any real or personal estate, shall be created, acknowledged, transferred, incurred, defeated, discharged,…”
Est. of Waitzman, 507 So. 2d 24 (Miss. 1987). · cites it 5× “oppel" has a limited application herein, and we reach the core of the problem in the case at bar: namely, is the beneficial interest in the trust one which constitutes real property, and thus properly before our courts, or is it personal property as appellee so contends and a…”
Martinez v. Martinez, 860 So. 2d 1247 (Miss. Ct. App. 2003). · cites it 2× “Even if a property settlement agreement would be defective for addressing a matter other than property distribution and custody and maintenance of children, a point we do not address, this tort claim was a property right.”
Herring Gas Co. v. Newton, 941 So. 2d 839 (Miss. Ct. App. 2006). · cites it 3× “" Miss. Code Ann. § 1-3-41 (Rev.2005). This definition clearly covers stock certificate no.”
Blount v. Eco Resources, Inc., 986 So. 2d 1052 (Miss. Ct. App. 2008). · cites it 2× “" Miss.Code Ann. § 1-3-41 (Rev.2005). According to the Commission's rules and regulations: For personal property to be considered real property, it must be permanently attached to real property.”
Watercolor Salon, LLC v. Nealie Hixon, 353 So. 3d 453 (Miss. 2022). · cites it 11× “” Miss. Code Ann. § 1-3-41 (Rev. 2019). Combining this broad definition of personal property with Section 93-3-13’s disability-of-minority exception, Watercolor insists that any person eighteen years and older has the capacity to enter into binding contractual agreements if the…”
Davis v. Davis, 507 So. 2d 24 (Miss. 1987). · cites it 5× “oppel” has a limited application herein, and we reach the core of the problem in the case at bar: namely, is the beneficial interest in the trust one which constitutes real property, and thus properly before our courts, or is it personal proeprty as appellee so contends and a…”
Sarah Bullock v. Life Ins. Co. of Mississippi, No. 2001-CA-01913-SCT (Miss. Nov. 8, 2001). · cites it 2× “1 Miss. Code Ann. § 1-3-41 (Rev. 1998) defines "personal property" as "all written instruments by which any pecuniary obligation, or any right, title, or interest in any real or personal estate, shall be created, acknowledged, transferred, incurred, defeated, discharged, or…”
Dudley Guice, Sr. v. Mississippi Life Ins. Co., No. 2000-IA-01516-SCT (Miss. Sept. 1, 2000). · cites it 2× “Miss. Code Ann. § 1-3-41 (1998) defines personal property when used in any statute to "include goods, chattels, evidences of rights of action, and all written instruments by which any pecuniary obligation, or any right, title, or interest in any real or personal estate, shall be…”
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