A person may not make an entry or commence an action to recover land except within ten years next after the time at which the right to make the entry or to bring the action shall have first accrued to some person through whom he claims, or, if the right shall not have accrued to any person through whom he claims, then except within ten years next after the time at which the right to make the entry or bring the action shall have first accrued to the person making or bringing the same. However, if, at the time at which the right of any person to make an entry or to bring an action to recover land shall have first accrued, such person shall have been under the disability of infancy or unsoundness of mind, then such person or the person claiming through him may, notwithstanding that the period of ten years hereinbefore limited shall have expired, make an entry or bring an action to recover the land at any time within ten years next after the time at which the person to whom the right shall have first accrued shall have ceased to be under either disability, or shall have died, whichever shall have first happened. However, when any person who shall be under either of the disabilities mentioned, at the time at which his right shall have first accrued, shall depart this life without having ceased to be under such disability, no time shall be allowed, by reason of the disability of any other person, to make an entry or to bring an action to recover the land beyond the period of ten years next after the time at which such person shall have died.
Codes, Hutchinson's 1848, ch. 57, arts. 1 (1), 6 (1); 1857, ch. 57, art. 1; 1871, § 2147; 1880, § 2664; 1892, § 2730; 1906, § 3090; Hemingway's 1917, § 2454; 1930, § 2285; 1942, § 709.
Notes of Decisions
O'Neal Steel, Inc. v. Millette, 797 So. 2d 869 (Miss. 2001).
· cites it 16× “O'Neal asserts that Miss.Code Ann. § 15-1-7 [2] and its ten-year limitations period govern its claim in chancery court to set aside this alleged fraudulent conveyance.”
Lott v. Saulters, 133 So. 3d 794 (Miss. 2014).
· cites it 21× “Miss.Code Ann. § 15-1-7 (Rev.2012) (emphasis added).”
Greenlee v. Mitchell, 607 So. 2d 97 (Miss. 1992).
· cites it 7× “DID THE CHANCELLOR ERR IN FINDING THAT THE STATUTE OF LIMITATIONS HAD NOT RUN AGAINST THE PLAINTIFFS? The Greenlees affirmatively pled the statute of limitations set forth in Miss. Code Ann. § 15-1-7 (1972), as well as §§ 15-1-9 and 15-1-11 (1972).”
McWilliams v. McWilliams, 970 So. 2d 200 (Miss. Ct. App. 2007).
· cites it 12× “2003), rather than the ten-year statute of limitations under Mississippi Code Annotated section 15-1-7 (Rev.2003); (2) in holding that the statute of limitations was not tolled by fraud; and (3) in holding that the statute of limitations was not tolled because there was a public…”
Allred v. Fairchild, 785 So. 2d 1064 (Miss. 2001).
· cites it 7× “The applicable statutes of limitations which might control are Miss.Code Ann. §§ 15-1-7, 15-1-9, 15-1-29, 15-1-39, & 15-1-49 (1995).”
Est. of Miller v. Miller, 409 So. 2d 715 (Miss. 1982).
· cites it 10× “As matters of affirmative defense, appellant pled Section 15-1-7, Miss. Code Ann. (1972), being the ten-year adverse possession statute, and averred that appellee was barred under the statute from claiming an interest in the land and estate.”
Albinnie Bryant v. Katie Dent, 270 So. 3d 976 (Miss. Ct. App. 2018).
· cites it 7× “Miss. Code Ann. § 15-1-7 (Rev. 2012). Similarly, section 15-1-9 provides: A person claiming land in equity may not bring suit to recover the same except within the period during which, by virtue of Section 15-1-7, he might have made an entry or brought an action to recover the…”
In Re Est. of Reid, 825 So. 2d 1 (Miss. 2002).
· cites it 5× “Miss.Code Ann. § 15-1-7 states in pertinent part that, [a] person may not make an entry or commence an action to recover land except within ten years next after the time at which the right to make the entry or to bring the action shall have first accrued to some person through…”
Hans v. Hans, 482 So. 2d 1117 (Miss. 1986).
· cites it 4× “IS THE APPELLEE'S ACTION BARRED BY THE STATUTE OF LIMITATIONS? The appellant argues that under Mississippi Code Annotated §§ 15-1-7 and 15-1-9 (1972), our ten-year statute of limitations concerning land, this action accrued in 1940, or at least shortly thereafter, as the acts of…”
Wright v. O'DANIEL, 58 So. 3d 694 (Miss. Ct. App. 2011).
· cites it 9× “Janet contends that sections 15-1-7 and 15-1-9 control her claim.”
Hathorn v. Illinois Cent. Gulf R. Co., 374 So. 2d 813 (Miss. 1979).
· cites it 7× “The defendants denied abandonment of the depot within the meaning of the deed, but also pleaded Mississippi Code Annotated, sections 15-1-7 and 15-1-13 (1972). In addition thereto, the Burch defendants pleaded laches and estoppel.”
Walton v. Walton, 52 So. 3d 468 (Miss. Ct. App. 2011).
· cites it 6× “Justin contends that the statute of limitations was tolled based on the doctrine of fraudulent concealment and by the minor’s savings provision under Mississippi Code Annotated section 15-1-7 (Rev. 2003). Conversely, John and Kenneth argue that the doctrine of fraudulent…”
— Miss. Code Ann. § 15-1-7(2) — 1 case
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