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Miss. Code Ann. § 13-1-23

Presumption of death

Applied in 1 court decision — leading case 514 So. 2d 338 - Martin v. Phillips (1987)

Most recently applied in 514 So. 2d 338 - Martin v. Phillips (September 1987)

Codes, 1857, ch. 61, art. 252; 1871, § 882; 1880, § 1648; 1892, § 1737; 1906, § 1914; Hemingway’s 1917, § 1574; 1930, § 1537; 1942, § 1698.

Any person who shall remain beyond the sea, or absent himself from this state, or conceal himself in this state, for seven years successively without being heard of, shall be presumed to be dead in any case where his death shall come in question, unless proof be made that he was alive within that time. Any property or estate recovered in any such case shall be restored to the person evicted or deprived thereof, if, in a subsequent action, it shall be proved that the person so presumed to be dead is living.

Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.