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Mississippi Code

Miss. Code Ann. § 89-1-1 (2026)

Land conveyed to vest immediately or in future

✓ current as of July 2026
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Any interest in or claim to land may be conveyed to vest immediately or in the future, by writing signed and delivered; and such writing shall have the effect to transfer, according to its terms, the title of the person signing and delivering it, with all its incidents, as fully and perfectly as if it were transferred by feoffment with livery of seizin, notwithstanding there may be an adverse possession thereof.

Codes, 1857, ch. 36, art. 1; 1871, § 2284; 1880, § 1187; 1892, § 2433; 1906, § 2762; Hemingway's 1917, § 2266; 1930, § 2110; 1942, § 831.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1986–2025 · leading case: Est. of Smith v. Smith (In re Smith), 495 B.R. 291 (Bankr. N.D. Miss. 2013).
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Est. of Smith v. Smith (In re Smith), 495 B.R. 291 (Bankr. N.D. Miss. 2013). “Miss.Code Ann. §§ 89-1-1 and 89-1-3; Estate of Dykes v.”
Ford v. Hegwood, 485 So. 2d 1044 (Miss. 1986). “Suffice it to say that we have reviewed the language of the instrument under construction in each such case.”
Garraway v. Yonce, 549 So. 2d 1341 (Miss. 1989). “Miss. Code Ann. §§ 89-1-1 , 89-1-3, 89-1-29, 89-1-33, 89-1-41, 89-1-47 (1972).”
Anita White v. Charles Tommy White, No. 2016-CA-00544-SCT (Miss. Aug. 31, 2017). “Miss. Code Ann. § 89-1-1 (Rev. 2011). Any interest in or claim to land may be conveyed “not only by deed or will but by any other instrument of writing signed and delivered.”
In the Matter of the Est. of Gary Wayne Johnson, Deceased: Zoa Ann Manners v. The Est. of Gary Wayne Johnson, Brian Johnson, Richard Wayne Johnson & Steven Howard Johnson, No. 2023-CT-00823-SCT (Miss. Oct. 2, 2025). “Miss. Code Ann. § 89-1-1 (Rev. 2021) (emphasis added).”
Tucker v. Long, 873 So. 2d 1064 (Miss. Ct. App. 2004). “Miss.Code Ann. § 89-1-1 (Rev.1999). ¶ 12.”
Wolfe v. Est. of Wolfe, 756 So. 2d 788 (Miss. Ct. App. 1999). “According to Willis, Miss.Code Ann. § 89-1-1 (Rev.1994) provides that interests in land are conveyed by writings signed and delivered and that such writings shall have the effect of transfer, according to their terms and the title of the person signing and delivering it.”
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