15-1-3 - Completion of limitation extinguishes right; partial payment. - Mississippi Statutes

§ 15-1-3. Completion of limitation extinguishes right; partial payment.
 

(1)  The completion of the period of limitation prescribed to bar any action, shall defeat and extinguish the right as well as the remedy. However, the former legal obligation shall be a sufficient consideration to uphold a new promise based thereon. 

(2)  In any case founded on a debt, when any part of the debt shall have been paid, or an acknowledgment of an existing liability, debt or claim, or any promise to pay the same shall have been made, the statute of limitations not having run, an action may be brought in such case within the period prescribed for the same, with the said period to begin after such payment, acknowledgment or promise. 
 

Sources: Codes, 1880, § 2685; 1892, § 2755; 1906, § 3115; Hemingway's 1917, § 2479; 1930, § 2313; 1942, § 743; Laws, 2005, ch. 417, § 1, eff from and after July 1, 2005.