2017 Mississippi Code
Title 89 - Real and Personal Property
Chapter 7 - Landlord and Tenant
§ 89-7-101. The avowry

Universal Citation: MS Code § 89-7-101 (2017)

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."

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