Mississippi Code

Miss. Code Ann. § 13-3-161 (2026)

Where sales under execution or other process are to be made

✓ current as of July 2026

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All sales by any sheriff by virtue of an execution or other process, when not issued by a justice court, shall be made at the courthouse of the county. The sheriff shall effectuate any execution on a judgment. However, personal property too cumbersome to be removed, may be sold at the place where the same may be, or at any convenient place. Cattle, sheep, or stock, other than horses and mules, may be sold at any public place in the neighborhood of the defendant's residence.

Sales of personal property under execution or other process from a justice court may be made at any convenient point in the county where it is found, or at the courthouse of the county. The sheriff shall effectuate any execution on a judgment. The sale of lands under executions or other process from such courts shall be made as under execution from the circuit courts.

Codes, Hutchinson's 1848, ch. 62, art. 1 (21); 1857, ch. 61, art. 277; 1871, §§ 846, 1345; 1880, §§ 1757, 2208; 1892, §§ 3484, 3485; 1906, §§ 3982, 3983; Hemingway's 1917, §§ 2989, 2990; 1930, §§ 3035, 3036; 1942, §§ 1923, 1924; Laws, 1981, ch. 471, § 42; Laws, 1982, ch. 423, § 28; Laws, 1990, ch. 408, § 4; brought forward without change, Laws, 2011, ch. 418, § 5, eff. 7/1/2011.

Notes of Decisions

Cited in 5 cases, 1995–2010 · leading case: Citizens Nat. Bank v. Dixieland Forest, 935 So. 2d 1004 (Miss. 2006).

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Citizens Nat. Bank v. Dixieland Forest, 935 So. 2d 1004 (Miss. 2006). · cites it 4× “§ 11-7-7 (chose in action may be sold in the same manner as other personal property); Miss.Code Ann § 13-3-161 (personal property may be sold under execution); Miss.”

Anderson v. Kimbrough, 741 So. 2d 1041 (Miss. Ct. App. 1999). · cites it 2× “, Miss.Code Ann. § 13-3-161 (Supp. 1998). ¶ 28.”

Morton v. Resolution Trust Corp., 918 F. Supp. 985 (S.D. Miss. 1995). · cites it 2× “§ 89-1-57 which provides that if a deed of trust does not specify a place for sale, the sale must be held in the place required for sheriffs sale; and Miss.Code Ann. § 13-3-161 which designates the county courthouse as the place for sheriff’s sales.”

Penton v. Penton, 156 So. 3d 323 (Miss. Ct. App. 2010). · cites it 2× “The chancellor ordered the homestead to be judicially sold, as provided in a sheriffs sale for the execution of judgment, pursuant to Mississippi Code Annotated section 13-3-161 (Rev.2002). Annette was awarded the first $64,039 of its net sale proceeds, after paying any…”

Citizens Nat'l Bank v. Dixieland Forest Prods., LLC (Miss. 2004). · cites it 4× “§ 11-7-7 (chose in action may be sold in the same manner as other personal property); Miss. Code Ann § 13-3-161 (personal property may be sold under execution); Miss.”

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