11-13-19 - Chancellor may order return of personal property; execution.
§ 11-13-19. Chancellor may order return of personal property; execution.
When an injunction shall be granted to stay the sale of personal property, levied on by virtue of an execution, the chancellor may order the property to be restored to the plaintiff, on his giving bond to the sheriff, in such amount and with sufficient sureties as the judge deems proper, payable to the plaintiff in the execution, and conditioned for the redelivery of the property to the sheriff in case the injunction shall be dissolved. Such bond shall be returned by the sheriff with the execution, and shall have the force and effect of a judgment. Liability thereupon may be enforced by the procedure provided for in the Mississippi Rules of Civil Procedure. In case the property shall not be redelivered to the sheriff within fifteen (15) days after the dissolution of the injunction, the clerk of the court to which the bond was returned shall issue execution thereon for the amount of the assessed value of said property and all costs. But in such case, the lien on the property created by the judgment and the execution and levy, shall remain in force; and the sheriff, on a writ of venditioni exponas, or other order of sale, may seize the property so levied on wherever the same may be found.
Sources: Codes, 1857, ch. 62, art. 67; 1871, § 1046; 1880, § 1912; 1892, § 565; 1906, § 616; Hemingway's 1917, § 376; 1930, § 424; 1942, § 1344; Laws, 1991, ch. 573, § 28, eff from and after July 1, 1991.