Mississippi Code
Miss. Code Ann. § 11-5-109 (2026)
Bond to prevent confirmation
✓ current as of July 2026
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.
Codes, 1892, § 600; 1906, § 650; Hemingway's 1917, § 412; 1930, § 465; 1942, § 1385; Laws, 1884, p. 71.
Notes of Decisions
Cited in 3
cases, 2001–2005 · leading case: Hataway v. Nicholls, 893 So. 2d 1054 (Miss. 2005).
Hataway v. Nicholls, 893 So. 2d 1054 (Miss. 2005). “Hataway objected to the sale, but did not post the bond pursuant to Miss.Code Ann. § 11-5-109. ¶ 7. The trial court then granted the Petitioners' motion for summary judgment and confirmed the partition sale.”
Curtis v. Curtis, 796 So. 2d 1044 (Miss. Ct. App. 2001). “Miss.Code Ann. § 11-5-109 (Rev. 1991). Here, the chancellor did not require Mrs.”
Freddie Dabney Hataway v. David H. Dabney (Miss. 2003). “Hataway objected to the sale, but did not post the bond pursuant to Miss. Code Ann. § 11-5-109 . ¶7. The trial court then granted the Petitioners’ motion for summary judgment and confirmed the partition sale.”
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