11-19-15 - Declaration. - Mississippi Statutes

§ 11-19-15. Declaration.
 

The consent rule, and all fictions heretofore used in a civil action seeking ejectment as relief, are abolished; and the action shall be commenced by filing a complaint in the name of the person claiming the premises in question, as plaintiff against the defendant. The complaint shall describe the premises with such certainty as will distinctly apprise the defendant of their description and situation, and so that from such description possession may be delivered. If the plaintiff claim only an undivided interest therein, it shall state such interest. If the plaintiff claim more than he is entitled to, he may, nevertheless, recover so much as he shall prove title to. 
 

Sources: Codes, 1857, ch. 55, art. 1; 1871, § 1539; 1880, § 2479; 1892, § 1633; 1906, § 1808; Hemingway's 1917, § 1441; 1930, § 1434; 1942, § 785; Laws,  1991, ch. 573, § 38, eff from and after July 1, 1991.