When a mortgage or deed of trust shall be given on real or personal estate, or when a lien shall be given by law, to secure the payment of a sum of money specified in any writing, an action or suit or other proceedings shall not be brought or had upon such lien, mortgage, or deed of trust to recover the sum of money so secured except within the time that may be allowed for the commencement of an action at law upon the writing in which the sum of money secured by such lien, mortgage, or deed of trust may be specified. In all cases where the remedy at law to recover the debt shall be barred, the remedy in equity on the mortgage shall be barred.
Miss. Code Ann. § 15-1-21
Actions on mortgages, deeds of trust, and statutory liens to be brought within time allowed for action upon writing in which debt is specified
Applied in 3 court decisions — leading case Magnolia Federal Bank for Savings v. United States (1995)
Most recently applied in EB, Inc. v. Smith (February 2000)
Codes, 1857, ch. 57, art. 4; 1871, § 2150; 1880, § 2667; 1892, § 2733; 1906, § 3093; Hemingway’s 1917, § 2457; 1930, § 2290; 1942, § 719.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
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.