Random Mississippi Statute of Interest

 

Chapter 17 - Suits to Confirm Title or Interest and to Remove Clouds on Title
§ 11-17-35. Title of complainant must be deraigned-and decrees, in certain cases, recorded as deeds

Universal Citation: MS Code § 11-17-35 (2020)

In bills to confirm title to real estate, and to cancel and remove clouds therefrom, the complainant must set forth in plain and concise language the deraignment of his title. If title has passed out of the sovereign more than seventy-five (75) years prior to the filing of the bill, then the deraignment shall be sufficient if it show title out of the sovereign and a deraignment of title for not less than sixty (60) years prior to the filing of the bill. A mere statement therein that complainant is the real owner of the land shall be insufficient, unless good and valid reason be given why he does not deraign his title. In all such cases, final decrees in the complainant's favor shall be recorded in the record of deeds, and shall be indexed as if a conveyance of the land from the defendant or each of them, if more than one, to the complainant or complainants, if more than one.

Deposition No-Nos

 

A party may be sanctioned for failing to answer a question.  M.R.C.P. 37(a)(2) ("If a deponent fails to answer a question ..., the discovering party may move for an order compelling an answer .... When taking a deposition on oral examination, the proponent of the question may complete or adjourn the examination before he applies for an order."); M.R.C.P. 37(a)(4) ("If the motion is granted, the court shall, after opportunity for hearing, require the party or deponent whose conduct necessitated the motion or the party or attorney advising such conduct or both of them to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorney's fees, unless the court finds that the opposition to the motion was substantially justified or that other circumstances make an award of expenses unjust."); see also 8A Charles Alan Wright, Arthur R. Miller et al., Federal Practice and Procedure § 2116 (3d ed. 2010) ("An alternative method by which a court ruling upon the propriety of the examination may be obtained is by refusal of the witness to answer particular questions, thus provoking a motion under Rule 37(a) to compel an answer.... Although there is thus a substantial preference for requiring that deponents apply to the court for protection rather than simply refusing to answer questions, it is to be hoped that the courts will take a realistic view of the conduct of depositions rather than foreclose deponents' objections in response to motions to compel answers.").

Except for the purpose of preserving a privilege, the Mississippi Rules of Civil Procedure do not provide for counsel to instruct a witness not to answer a question at a deposition, even if the question is indeed objectionable. See M.R.C.P. 30. Objections should be made at the time of the deposition and "shall be noted upon the transcription or recording. Evidence objected to shall be taken subject to the objections." M.R.C.P. 30(c) ; see also Banks v. Office of the Senate Sergeant–at–Arms , 222 F.R.D. 1, 6 (D.D.C. 2004) ; Ethicon Endo–Surgery v. U.S. Surgical Corp. , 160 F.R.D. 98, 99 (S.D. Ohio 1995).

CLE

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Tennessee Unclaimed Property

 

The state of Tennessee has a website for unclaimed property:

 https://unclaimedproperty.tn.gov/app/claim-search

 Apparently, the state is holding close to $70 million in funds. 

 https://tntribune.com/68-7m-unclaimed-in-tennessee/ 

 Chances are you personally and your firms are owed some money.  

Social Media Terms to Know

Hacked= use a computer to gain unauthorized access to data in a system.

Cloned=cloning  the process of copying the contents of one computer hard drive to another disk or to an “image” file. 

Spoofed= Spoofing is a type of scam in which a criminal disguises an email address, display name, phone number, text message, or website URL to convince a target that they are interacting with a known, trusted source. Spoofing often involves changing just one letter, number, or symbol of the communication so that it looks valid at a quick glance. For example, you could receive an email that appears to be from Netflix using the fake domain name “netffix.com.”

Phishing= the fraudulent practice of sending emails or other messages purporting to be from reputable companies in order to induce individuals to reveal personal information, such as passwords and credit card numbers.

CLE of Interest

 

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New Home Warranty Act

The Mississippi New Home Warranty Act outlines specific timeframes for builders to address repairs or defects in newly constructed homes. Typically, the Act requires builders to rectify warranted defects within a reasonable time after receiving written notice from the homeowner.

However, the Act doesn't specify an exact timeline for repairs. What's considered "reasonable" can vary depending on the nature and severity of the issue. Minor repairs might be expected to be resolved more quickly than major structural problems. It's often helpful to communicate directly with the builder to establish expectations for the repair timeline. This is something that needs to be fixed in the statute.