11-23-7 - Claim to property levied on; how interposed. - Mississippi Statutes

§ 11-23-7. Claim to property levied on; how interposed.
 

When any person not a party to the execution shall claim to be the owner of or to have a lien on any personal property levied upon, such person may make affidavit to his right or title to the property, and may enter into bond, payable to the plaintiff in the execution, with one or more sufficient sureties, in the penalty of double the value of the property claimed, or in double the amount of the execution, if that be less than the value of the property, to be estimated by the officer holding the execution, and indorsed thereon, conditioned for the prosecution of the claim with effect, or, in case of failure therein, for the payment to the plaintiff in the execution of all damages that may be awarded against the claimant, and for the delivery of the property to the proper officer; and upon the making of the affidavit and bond, the officer holding the execution shall receive the same, and shall deliver the property to the claimant, and return the affidavit and bond with the execution. The claim may be interposed without giving bond, and the same proceedings be had thereon except that the property claimed shall not be delivered to the claimant, but shall be sold, as provided in case of property of like kind seized in replevin, or, if not such as should be sold, shall be held by the officer. The bond of the claimant shall stand as security to the parties to the action and judgment may be rendered on it according to the exigency. 
 

Sources: Codes, Hutchinson's 1848, ch. 62, art. 1 (25); 1857, ch. 61, art. 295; 1871, § 858; 1880, § 1774; 1892, § 4425; 1906, § 4990; Hemingway's 1917, § 3264; 1930, § 3424; 1942, § 1021.