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Mississippi Code

Miss. Code Ann. § 11-25-1 (2026)

In what cases a remedy

✓ current as of July 2026
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Any one deprived of the possession of land by force, intimidation, fraud, stratagem, stealth, and any landlord, vendor, vendee, mortgagee, or trustee, or cestui que trust, or other person against whom the possession of land is withheld, by his tenant, vendee, vendor, mortgagor, grantor, or other person, after the expiration of his right by contract, express or implied, to hold possession, and the legal representatives or assigns of him who is so deprived of possession, or from whom possession is so withheld, as against him who so obtained possession, or withholds possession after the expiration of his right, and all persons claiming to hold under him, shall, at any time within one year after such deprivation or withholding of possession, be entitled to the summary remedy herein prescribed.

Codes, Hutchinson's 1848, ch. 56, art. 7(2); 1857, ch. 42, arts. 2, 3; 1871, § 1582; 1880, § 2645; 1892, § 4461; 1906, § 5039; Hemingway's 1917, § 3311; 1930, § 3456; 1942, § 1033.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1999–2022 · leading case: Henry Harvey v. Fed. Nat'l Mortg. Ass'n, 200 So. 3d 461 (Miss. Ct. App. 2016).
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Henry Harvey v. Fed. Nat'l Mortg. Ass'n, 200 So. 3d 461 (Miss. Ct. App. 2016). “” See also Miss. Code Ann. § 11-25-1 (Rev. 2004) (unlawful entry and detainer); Miss.”
Anderson v. Kimbrough, 741 So. 2d 1041 (Miss. Ct. App. 1999). “Miss.Code Ann. § 11-25-1 (1972). The key for us, though, is that the intermediate theory for the understanding of title in a mortgage transaction merely explains what occurs prior to a foreclosure sale.”
Gandy v. Citicorp, 985 So. 2d 371 (Miss. Ct. App. 2008). “Miss.Code Ann. § 11-25-1. Such an action does not prevent a separate action being filed to determine ownership of the property.”
Rebuild Am., Inc. v. Mark A. Colomb & My Brother's Keeper (Miss. Ct. App. 2022). “Miss. Code Ann. § 11-25-1 . (Emphasis added).”
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