Mississippi Code
Miss. Code Ann. § 91-9-1 (2026)
through 91-9-9 - [Repealed]
✓ current as of July 2026
Repealed by Laws, 2014, ch. 421, § 105, eff. 7/1/2014.
Notes of Decisions
Cited in 7
cases, 1991–2012 · leading case: Church of God Pent., Inc. v. Freewill Pent. Church of God, Inc., 716 So. 2d 200 (Miss. 1998).
Church of God Pent., Inc. v. Freewill Pent. Church of God, Inc., 716 So. 2d 200 (Miss. 1998). “"The feature which distinguishes constructive trusts from express trusts and resulting trusts is that the former do not arise by virtue of agreement or intention, either actual or implied, but by operation of law, or, more accurately, by construction of the court.”
Dew v. Langford, 666 So. 2d 739 (Miss. 1995). “Miss. Code Ann. § 91-9-1 (1972). Dew did not contend that Langford entered into any written contract concerning the sale of the subject land.”
In Re Estates of Gates, 876 So. 2d 1059 (Miss. Ct. App. 2004). “1994); Miss.Code Ann. § 91-9-1 (Rev.1994). If the corpus of the purported trust estate consists both of real and personal property, an express oral trust is ineffective to impose a trust on either.”
Anderson v. Kimbrough, 741 So. 2d 1041 (Miss. Ct. App. 1999). “Miss.Code Ann. § 91-9-1 (Rev.1994). ¶ 16.”
Smiley v. Yllander, 105 So. 3d 1171 (Miss. Ct. App. 2012). “Miss.Code Ann. § 91-9-103(a) (Supp.2012).”
Merchants Nat'l Bank of Vicksburg v. Bank of Mississippi, Vicksburg, 584 So. 2d 433 (Miss. 1991). “We need not resolve this issue because we hold that MNB failed to perfect its lien in accordance with Miss.Code Ann. § 91-9-1. CONCLUSION Finding that the chancellor committed no error, his decision is affirmed.”
Church of God Pentecostal Inc v. Freewill Pentecostal Church (Miss. 1996). “Both resulting and constructive trusts are creatures of equity. "The feature which distinguishes constructive trusts from express trusts and resulting trusts is that the former do not arise by virtue of agreement or intention, either actual or implied, but by operation of law,…”
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