Any mortgage or other lien executed by any joint tenant, tenant in common, or coparcener, shall remain in force on the share of such cotenant after partition, and on his share only; but this shall not prevent the holder of such mortgage or other lien from asserting claim to owelty awarded to such cotenant.
Miss. Code Ann. § 11-21-39
Lien created by party binding on his share
Applied in 1 court decision — leading case Polk v. Polk (1991)
Most recently applied in Polk v. Polk (November 1991)
Codes, 1857, ch. 36, art. 62; 1871, § 1836; 1880, § 2572; 1892, § 3115; 1906, § 3539; Hemingway’s 1917, § 2851; 1930, § 2938; 1942, § 979.
Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.