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Miss. Code Ann. § 89-7-5

Action for use and occupation where there is no contract

Applied in 1 court decision — leading case Johnson v. United States (1992)

Most recently applied in Johnson v. United States (April 1992)

Codes, 1857, ch. 41, art. 19; 1871, § 1638; 1880, § 1323; 1892, § 2538; 1906, § 2876; Hemingway’s 1917, § 2374; 1930, § 2177; 1942, § 899.

Where there is no contract, or where the agreement is not in writing, a landlord may maintain an action to recover a reasonable satisfaction for the use and occupation of the lands held and enjoyed by another. If on the trial of such action there appear in evidence any demise or agreement the plaintiff shall not on that account be nonsuited, but may make use thereof as evidence of the amount to be recovered.

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.