For several factors, i consent on the government’s characterization of your own case. Basic, because lien extinction disagreement state-of-the-art from the appellants has actually epidermis focus, the fresh law on which they want to depend alot more clearly helps new government’s status. Utilized in chapter 15 of the Mississippi Code, called Restrictions regarding Methods, 15-1-21 provides during the relevant region:
When a mortgage otherwise deed out-of faith shall be considering into actual otherwise private estate, otherwise whenever good lien would be supplied by laws, to support the percentage off a sum of cash specified from inside the any writing, an action or suit or other procedures will never be put otherwise had on eg lien, mortgage, or action of faith to recuperate the sum of the currency therefore protected but inside the time that may be desired toward commencement regarding an activity at the law abreast of the text in which the sum of the money secure by eg lien, financial, otherwise deed out-of believe can be specified.
This statute reads instance a statute from limits: they forecloses an activity otherwise legal proceeding so you can demand a good lien perhaps not brought inside going back to commencing a match on the debt in it.
