Maddux v. Jones

Citations

• 51 Miss. 531

Syllabus

<p>1. Statute oe Limitations: Suspension thereof; see. 2150, Code of 1871.</p> <p>The statute of limitations was suspended from December, 1862, until April, 1867. A suit in equity to foreclose a mortgage is barred whenever the remedy at law to recover the debt is barred (sec. 2150). The filing of a bill in chancery is the beginning of a suit.</p> <p>2. Same : Oase in judgment.</p> <p>The notes given for the purchase money fell due in 1861, the bill was filed in July 1878, a waiver of the statute was indorsed on the notes in March, 1866: Held, that more than six years, deducting the stay of the statute of limitations, had elapsed from the time the notes fell due until suit was brought; that the only effect of the waiver was to continue the right of action for six years thereafter, and that more than six years had elapsed from the date of the waiver, deducting the time the statute of limitations was inoperative until the bringing of the suit, and that the notes were barred.</p>