11-13-21 - Return of personal property; other causes.
§ 11-13-21. Return of personal property; other causes.
When an injunction shall be granted to stay a sale of personal property seized under a deed of trust or mortgage with power of sale, or in any case in which the sale of such property may be enjoined, the judge 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 person by whom such property is to be surrendered and conditioned for the return of the property to the person surrendering it, if 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. If not discharged by the delivery, within fifteen (15) days after the dissolution of the injunction, of the property to the person in whose possession it was before said order for the restoration to the plaintiff, execution shall be issued on such bond by the clerk for the value of said property.
Sources: Codes, 1880, § 1913; 1892, § 566; 1906, § 617; Hemingway's 1917, § 377; 1930, § 425; 1942, § 1345; Laws, 1991, ch. 573, § 29, eff from and after July 1, 1991.