Hambrick v. Jones

Citations

• 64 Miss. 240

Syllabus

<p>1. Homestead Exemption. Limitation of actions. New prdmise. Deed of trust.</p> <p>Where an unmarried man executes a deed of trust on his land to secure a debt due by him and afterward marries and occupies such land as a homestead, and before the bar of the statute of limitation attaches makes a new promise in writing to pay the debt, a new period is thereby given for both the debt and security to run, and such security is paramount to his homestead claim. Smith v. Scherdc, 60 Miss. 491, cited.</p> <p>2. Limitation of Actions. Code of 1871. Section 2692, Code of 1880, applied. Case in judgment.</p> <p>H. gave his note to J., payable January 1, 1876, and secured it by a deed of trust on certain property, real and personal, situated in the County of N., in this State. J. died in October, 1876, in the State of Alabama. On January 25, 1883, H. renewed the note and security to M., executor of J.’s last will and testament, M. having qualified as such in Alabama. On the 4th of February, 1884, M., as executor, filed abill’in this State to foreclose thedeed of trust given to J. H. pleaded the six years’ statute'of limitations. Meld, that the provisions of the Code of 1871 apply to this case by virtue of l 2692, Code of 1880, which provides that the periods of limitation of the Code of 1880 “ shall not apply to any actions commenced, nor to any cases where the right of action or of entry shall have accrued before the date when it [the code] shall take effect, but the same shall be subject to the laws now in force; but this law may be pleaded where a bar has accrued under the provisions thereof.”</p> <p>3. Same. Newpromise to foreign executor. Section 2162, Code of 1871, applied. Section 2683, Code of 1880, considered.</p> <p>And, in the case above stated, it not being shown that the executor has ever taken out letters testamentary in this State, the old note was not barred by limitation when the renewal note was made, by virtue of $ 2162, Code of 1871, which provides that “