89-7-105 - Replication in case rent not due. - Mississippi Statutes

§ 89-7-105. Replication in case rent not due.
 

If the avowry be a claim for rent or supplies, or both, to become due, the plaintiff shall reply either that he was not indebted, as in the form last above, or he may reply in substance as in the following form, viz.: 
 

"Thomas East 
     
 
   v.         Circuit court, ________ County.
 

William West. 
 

"And the plaintiff, for replication, says that the defendant did not have just cause to suspect and verily believe 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 of this plaintiff puts himself upon the country." 
 

The plaintiff may, in proper case, unite the said replications, or he may reply any other facts constituting a legal answer. 
 

And on the trial of an issue on an avowry, the burden of proof shall be on the avowant, the landlord, and he shall have the right to open and conclude the argument. 
 

Sources: Codes, 1892, § 2526; 1906, § 2864; Hemingway's 1917, § 2362; 1930, § 2213; 1942, § 935.