Fill and Sign the Mississippi Partition Form

IN THE       COURT OF       COUNTY, MISSISSIPPI       PLAINTIFFS VS. CIVIL ACTION NO.             DEFENDANT COMPLAINT FOR PARTITION COMES NOW Plaintiffs, by and through counsel, and file this their Complaint for Partition against       and in support hereof would show unto the Court the following: 1. Defendant       may be served with process of this Court at       ,       , Mississippi       . 2. Plaintiffs and Defendant are the owners of undivided interests in the following described property being situated in       County, Mississippi, to-wit: SEE ATTACHED DESCRIPTION MARKED EXHIBIT "       " 3. The property described above is capable of being partied in kind and Plaintiffs are entitled to partition of said property among Plaintiffs and Defendant in accordance with their respective undivided interests. Plaintiffs together with Defendant own the entire fee simple interest in the property. 4. Plaintiffs and Defendant have engaged       , surveyor, to perform a survey of the property dated       and       ,       . The survey purports to divide the property in tracts with each Plaintiff and Defendant receiving parcels of approximately equal value. Plaintiffs request that the Court partition the property among Plaintiffs and Defendant in accordance with the survey of       dated       and       ,       . 5. In the event that the Court determines that the partition as set forth in the       survey is not equitable, Plaintiffs request that the Court appoint commissioners to partition the property among the Plaintiffs and Defendant in accordance with their respective undivided interests. 6. Plaintiffs are entitled to payment of court costs and attorney's fees of and from the Defendant       . WHEREFORE PREMISES CONSIDERED, Plaintiffs pray that upon a hearing hereof, the Court will partition the property in accordance with law, and in accordance with the survey of       dated       and       ,       , and award them their reasonable attorney's fees and costs. Plaintiffs pray for general relief. Respectfully submitted, _______________________________________       Attorney for       Of Counsel:                         Telephone:       MSB #       Attorney for       IN THE       COURT OF       COUNTY, MISSISSIPPI       PLAINTIFFS VS. CIVIL ACTION NO.             DEFENDANT _________________________________________________________________ SUMMONS THE STATE OF MISSISSIPPI COUNTY OF       TO:       NOTICE TO DEFENDANT THE COMPLAINT WHICH IS ATTACHED TO THIS SUMMONS IS IMPORTANT AND YOU MUST TAKE IMMEDIATE ACTION TO PROTECT YOUR RIGHTS. You are required to mail or hand deliver a copy of a written response to the Complaint to       , the attorney for the Plaintiff, whose post office address is       ,       , Mississippi whose street address is       ,       , Mississippi       . YOUR RESPONSE MUST BE MAILED OR DELIVERED WITHIN       (       ) DAYS FROM THE DATE OF DELIVERY OF THIS SUMMONS AND COMPLAINT OR A JUDGMENT BY DEFAULT WILL BE ENTERED AGAINST YOU FOR THE MONEY OR OTHER THINGS DEMANDED IN THE COMPLAINT. You must also file the original of your response with the Clerk of this Court within a reasonable time afterward. ISSUED under my hand and seal of said Court, this       day of       ,       .       , CHANCERY CLERK (Seal) OF       COUNTY       , Mississippi       By: _____________________________ Deputy Clerk RECEIVED THIS       DAY OF       ,       . BY: _____________________________________ SHERIFF SHERIFF'S RETURN STATE OF MISSISSIPPI COUNTY OF       I personally delivered copies of the summons and complaint on the       day of       ,       , to:       After exercising reasonable diligence, I was unable to deliver copies of the summons and complaint to       within       County, Mississippi. I served the summons and complaint on the       day of       ,       , at the usual place of abode of said       by leaving a true copy of the summons and complaint with       , who is the (husband, wife, son, daughter, etc) , a member of the family of the person served above the age of       years and willing to receive the summons and complaint, and thereafter on the       day of       ,       , I mailed (by first class mail, postage prepaid) copies to the person served at his or her usual place of abode where the copies were left. I was unable to serve the summons and complaint. THIS the       day of       ,       .       , SHERIFF OF       COUNTY, MISSISSIPPI BY: ______________________________ Deputy Sheriff