Cal. Civ. Code § 89-7-109
Suit revived in case of death of party.
Operative Text
If either party to such replevin or other action growing out of an attachment for rent or supplies, die pending the same, the suit may be revived for or against the representatives of the deceased party as other actions that survive may be revived. History Codes, 1857, ch. 41, art. 25; 1871, § 1644; 1880, § 1321; 1892, § 2536; 1906, § 2874; Hemingway’s 1917, § 2372; 1930, § 2215; 1942, § 937.
Mississippi Code § 89-7-109 addresses what happens when a party to a replevin action or a related rent or supply attachment lawsuit dies before the case is resolved. Under this provision, the lawsuit does not automatically end upon a party's death; instead, it may be continued by or against the deceased party's legal representatives, following the same revival procedures that apply to other surviving actions in Mississippi. The rule preserves the legal claims and obligations of both landlords and tenants even when a party passes away mid-litigation.
Plain English — not legal advice.
Property owners and managers involved in rent or supply attachment proceedings under Miss. Code Ann. § 89-7-109 should be aware that a tenant's death does not necessarily terminate an ongoing replevin or attachment action. A compliant operator generally ensures that proper legal representatives of a deceased tenant are identified and that the appropriate revival procedures are followed to continue the case. Operators typically work with legal counsel familiar with Mississippi's estate and civil procedure rules to navigate the substitution of parties.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Miss. Code Ann. § 89-7-109, if a landlord dies while a replevin or rent attachment action is pending against you, the case does not simply disappear — it may be revived against or by the landlord's estate representatives. Tenants in this situation have the right to have the matter resolved through proper legal channels, with the deceased party's representatives stepping into the litigation. Tenant-rights organizations or legal aid services can help explain how Mississippi's party-revival procedures may affect an ongoing case.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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