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RYAN v. WARDLAW

No. 51785.

382 So.2d 1078 (1980)

J. Holmes RYAN v. Don M. WARDLAW and Shady Grove Presbyterian Church.

Supreme Court of Mississippi.

As Amended On Rehearing Denied May 14, 1980.

Attorney(s) appearing for the Case

Freeland & Gafford, T.H. Freeland, III, Oxford, for appellant.

Sullivan, Hunt, Spell, Henson & Chapman, F. Ewin Henson, III, Clarksdale, for appellees.

Before SMITH, P.J., and BROOM and BOWLING, JJ.

BOWLING, Justice, for the Court:

This appeal involves the application of Mississippi Code Annotated section 15-1-69 (1972), commonly known as the "saving statute," in regard to the general statutes of limitation. This section reads as follows:

If in any action, duly commenced within the time allowed, the writ shall be abated, or the action otherwise avoided or defeated, by the death of any party thereto, or for...

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