2010 Mississippi Code
TITLE 89 - REAL AND PERSONAL PROPERTY
Chapter 7 - Landlord and Tenant.
89-7-101 - The avowry.
§ 89-7-101. The avowry.
The avowry shall be substantially to the following effect, to wit:
"Thomas East
v. Circuit court, ________ County.
William West.
"And now comes the defendant, William West, and for plea to plaintiff's declaration he says: True it is that he caused the property described in the plaintiff's declaration to be seized; but the seizure was not wrongful, because he says that before the said seizure defendant was the plaintiff's landlord; that he, the defendant, as landlord, leased to the plaintiff, as tenant, certain premises in said county, to wit: [here describe the leased premises] for the term beginning on the ________ day of ________, A.D. ________, and ending on the ________ day of ________, A.D. ________; that at the time of the said seizure the plaintiff, as tenant, was indebted to defendant, as landlord, in the sum of ________ dollars, for rent of said premises and for supplies furnished his said tenant by this defendant [or for rent alone or supplies alone, as the case may be]. An itemized account or statement of said indebtedness is herewith filed [or the note or writing evidencing said debt, as the case may be], and the said debt became due on the ________ day of ________, A.D. ________, and the said seizure was made to satisfy the sum so due; and this the defendant is ready to verify."
If the avowry be for a sum to become due, strike out from the form all after the last parenthesis, and insert in lieu thereof the following, viz.: "Which said indebtedness will become due on the ________ day of ________, A.D. ________, and defendant had just cause to suspect, and verily believed, that the plaintiff would remove his effects, or some part of the agricultural products raised thereon, from the leased premises before the expiration of his term, or before the said debt would become due, so that distress could not be made, and the said seizure was made to satisfy the said sum. This the defendant is ready to verify."
Sources: Codes, 1892, § 2524; 1906, § 2862; Hemingway's 1917, § 2360; 1930, § 2211; 1942, § 933.
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