If the title of the plaintiffs seeking partition or sale of land for a division shall be controverted, it shall not be necessary for the court to dismiss the complaint, but the question of title shall be tried and determined in the suit and the court shall have power to determine all questions of title, and to remove all clouds upon the title, if any, of the lands whereof partition is sought and to apportion encumbrances, if partition be made of land encumbered and it be deemed proper to do so. The court may adjust the equities between and determine all claims of the several cotenants, as well as the equities and claims of encumbrancers.
Codes, 1871, § 1817; 1880, § 2576; 1892, § 3101; 1906, § 3525; Hemingway's 1917, § 2837; 1930, § 2923; 1942, § 964; Laws, 1991, ch. 573, § 50, eff. 7/1/1991.
Notes of Decisions
Daughtrey v. Daughtrey, 474 So. 2d 598 (Miss. 1985).
“The statutory authority to dispose of all equities is contained in pertinent portion in Miss. Code Ann. § 11-21-9 . ... . [T]he court may adjust the equities between and determine all claims of the several cotenants, as well as the equities and claims of encumbrances.”
Cheeks v. Herrington, 523 So. 2d 1033 (Miss. 1988).
“Therefore this Court remands this case for the lower court to adjust the equities between the co-tenants, pursuant to Miss. Code Ann. § 11-21-9 (1972), as it deems necessary upon hearing evidence as to what improvements have been made.”
Gallagher v. Townsend, 443 P.3d 847 (Wyo. 2019).
“Miss. Code Ann. § 11-21-9 (LexisNexis 2019) (emphasis added).”
O'Neill v. O'Neill, 551 So. 2d 228 (Miss. 1989).
“Miss. Code Ann. § 11-21-9 . If the real estate is sold free of encumbrances, then the mortgage or lien will attach to the proceeds of the sale.”
Murphree v. Cook, 822 So. 2d 1092 (Miss. Ct. App. 2002).
“Although we are remanding for a statutory partition, the issue of accounting between these two cotenants will remain an issue since the chancellor has the statutory authority, as a part of dissolving the cotenancy, to "adjust the equities between and determine all claims of the…”
Robert E. Coleman v. Beverly Lynn Coleman, 196 So. 3d 1050 (Miss. Ct. App. 2016).
· cites it 2× “” Miss.Code Ann. § 11-21-9. In doing so, “[t]he court may adjust the equities between and determine all claims of the several cotenants.”
Stennis v. Stennis, 109 So. 3d 1107 (Miss. Ct. App. 2013).
“” Miss.Code Ann. § 11-21-9 (Rev. 2004). Although reasonable minds could weigh the evidence in Pam’s favor and conclude that Todd was hostile toward Pam and that he refused to allow her to exercise dominion over aspects of the house, “this Court may not intercede simply to…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.