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 same, if he had been entitled at law to such an estate, interest, or right in or to the same as he shall claim therein in equity. However, in every case of a concealed fraud, the right of any person to bring suit in equity for the recovery of land, of which he or any person through whom he claims may have been deprived by such fraud, shall be deemed to have first accrued at and not before the time at which the fraud shall, or, with reasonable diligence might, have been first known or discovered.
Codes, Hutchinson's 1848, ch. 57, art. 6 (2); 1857, ch. 57, art. 2; 1871, § 2148; 1880, § 2665; 1892, § 2731; 1906, § 3091; Hemingway's 1917, § 2455; 1930, § 2286; 1942, § 710.
Notes of Decisions
Cited in
28
cases (
3 in the last 5 years), 1976–2026 · leading case:
Greenlee v. Mitchell, 607 So. 2d 97 (Miss. 1992).
Greenlee v. Mitchell, 607 So. 2d 97 (Miss. 1992).
· cites it 8× “Miss. Code Ann. § 15-1-9 (1972). The statute goes on to state an exception for cases of concealed frauds: [h]owever, in every case of a concealed fraud, the right of any person to bring suit in equity for the recovery of land, of which he or any person through whom he claims may…”
O'Neal Steel, Inc. v. Millette, 797 So. 2d 869 (Miss. 2001).
· cites it 5× “[2] Technically, the limitations period found in § 15-1-7 applies to suits at law to recover land, while Miss.Code Ann. § 15-1-9 is its counterpart for suits in equity, such as the action in the case sub judice.”
Lott v. Saulters, 133 So. 3d 794 (Miss. 2014).
· cites it 10× “Miss.Code Ann. § 15-1-9 (Rev.2012). A suit to remove a cloud on title is considered an action to recover land.”
Albinnie Bryant v. Katie Dent, 270 So. 3d 976 (Miss. Ct. App. 2018).
· cites it 4× “Miss. Code Ann. § 15-1-9 (Rev. 2012). "A suit to remove a cloud on title is considered an action to recover land.”
Allgood v. Allgood, 473 So. 2d 416 (Miss. 1985).
· cites it 2× “Miss. Code Ann. § 15-1-9 (1972). She nevertheless argues that this action should be held barred under the equitable doctrine of laches, so often that last gasp plea of a dying cause.”
In Re Est. of Reid, 825 So. 2d 1 (Miss. 2002).
· cites it 2× “Miss. Code Ann. § 15-1-9 (1995) provides a ten-year statute of limitations on actions to recover land.”
Allred v. Fairchild, 785 So. 2d 1064 (Miss. 2001).
· cites it 2× “" Section 15-1-9 is also a 10 year statute of limitations for actions "claiming land in equity.”
Ulysses Conley v. Mary Francis Wright, 193 So. 3d 663 (Miss. Ct. App. 2016).
· cites it 4× “In Lott , the supreme court clarified that since our Legislature has not created a statute shortening the limitations period for claims regarding land recovery in equity, the governing statute remains Mississippi Code Annotated section 15-1-9 (Rev.2012). Id. at 799 (¶ 9).”
Wright v. O'DANIEL, 58 So. 3d 694 (Miss. Ct. App. 2011).
· cites it 4× ““[T]he limitations period found in [section] 15-1-7 applies to suits at law to recover land.”
Hobgood v. Koch Pipeline Se., Inc., 769 So. 2d 838 (Miss. Ct. App. 2000).
· cites it 2× “Had fraud properly been alleged, then presumably the appropriate statute of limitations would have been interjected as an affirmative defense.”
James Bradley Pounds v. J.L. Shirley, 235 So. 3d 1418 (Miss. Ct. App. 2017).
· cites it 4× “Miss. Code Ann. § 15-1-9 . ¶22. The Shirleys commenced an action to recover land based on their assertion that the land was either fraudulently or mistakenly conveyed to James.”
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