Property shall not be exempt from execution when the purchase-money thereof forms, in whole or in part, the debt on which the judgment is founded; but if the judgment be not in whole for purchase-money, and the execution be levied on property exempt but for the provisions hereof, and the exemptionist pay or tender the amount of purchase-money included in the judgment before sale, the property shall be released; nor shall any property be exempt from sale for nonpayment of taxes or assessments, or for any labor done thereon, or materials furnished therefor, or when the judgment is for labor performed or upon a forfeited recognizance or bail bond.
Codes, 1857, ch. 61, art. 284; 1871, § 2142; 1880, § 1255; 1892, § 1980; 1906, § 2156; Hemingway's 1917, § 1831; 1930, § 1775; 1942, § 327.
Notes of Decisions
Cited in
3
cases (
1 in the last 5 years), 2000–2021 · leading case:
McMillan v. Aru, 773 So. 2d 355 (Miss. Ct. App. 2000).
McMillan v. Aru, 773 So. 2d 355 (Miss. Ct. App. 2000).
· cites it 2× “Miss.Code Ann. § 85-3-47 (Rev.1999). Else a deed of trust securing the loan that permits the purchase of a residence would provide little security.”
In re Mitchell, 276 B.R. 142 (Bankr. N.D. Miss. 2001).
· cites it 14× “Citing Miss.Code Ann. § 85-3-47, Gibson asserts that homestead property is not exempt from an execution sale if the underlying debt is for labor or materials furnished in construction of improvements on the homestead property.”
Mills v. Billings (S.D. Miss. 2021).
· cites it 3× “§ 85-3-47. Moreover, any court sitting in equity can grant an equitable lien to prevent unjust enrichment “where it would be contrary to equity and good conscience for an individual to retain a property interest acquired at the expense of another.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.