If the title of the plaintiffs seeking partition or sale of land for a division shall be controverted, it shall not be necessary for the court to dismiss the complaint, but the question of title shall be tried and determined in the suit and the court shall have power to determine all questions of title, and to remove all clouds upon the title, if any, of the lands whereof partition is sought and to apportion encumbrances, if partition be made of land encumbered and it be deemed proper to do so. The court may adjust the equities between and determine all claims of the several cotenants, as well as the equities and claims of encumbrancers.
Miss. Code Ann. § 11-21-9
Controverted title and all equities disposed of
Applied in 8 court decisions — leading case 551 So. 2d 228 - O'Neill v. O'Neill (1989)
Most recently applied in Gallagher v. Townsend (June 2019)
Codes, 1871, § 1817; 1880, § 2576; 1892, § 3101; 1906, § 3525; Hemingway’s 1917, § 2837; 1930, § 2923; 1942, § 964; Laws, 1991, ch. 573, § 50, eff from and after July 1, 1991.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
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.