SEC. 18. Any two or more persons claiming any estate or interest in lands under a common source of title, whether holding as tenants in common, joint tenants, coparceners, or in severalty, may unite in action against any person claiming an adverse estate or interest therein, for the purpose of determining such adverse claim, or of establishing such common source of title, or of declaring the same to be held in trust, or of removing a cloud upon the same.

SEC. 19. Of the parties to the action, those who are united in interest shall be joined as plaintiffs or defendants; but if the consent of any one who should have been joined as plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated in the Joinder of complaint; and when the question is one of a common or general interest of many persons, or when the parties are numerous and it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all.

SEC. 20. Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes, and sureties on the same or separate instruments, may all or any of them be included in the same action at the option of the plaintiff. SEC. 21. All persons holding as tenants in common, joint tenants, or coparceners, or any number less than all, may jointly or severally commence or defend any civil action or proceeding for the enforcement or protection of the rights of such party.

parties plaintiffs or defendants.

Joinder of

parties liable in severalty.

Rights of par

ties jointly and sever

ally.

actions.

SEC. 22. An action or proceeding does not abate by the death, marriage, or other disability of a party, or by Abatement of the transfer of any interest therein, if the cause of action survive or continue. In case of the death, marriage, or other disability of a party, the court, on motion, may allow the action or proceeding to be continued by or against his representative or successor in interest. case of any other transfer of interest, the action or proceeding may be continued in the name of the original

In

party, or the court may allow the person to whom the Substitution transfer is made to be substituted in the action or pro

of parties.

Substitution

ceeding.

SEC. 23. A defendant against whom an action is pending upon a contract, or for specific, real, or personal property, may at any time before answer, upon affidavit that a person not a party to the action, and without collusion with him, makes against him a demand for the same debt or property, upon due notice to such person by defendant and the adverse party, apply to the court for an order to substitute such person in his place, and discharge him from liability to either party, on his depositing in court the amount of the debt, or delivering the property or its value to such person as the court may direct; and the court may, in its discretion, make the order.

of another defendant.

Person hav

ing an inter

est in suit

may inter

vene.

SEC. 24. Any person may, before the trial, intervene in an action or proceeding, who has an interest in the matter of litigation in the success of either of the parties, or an interest against both. An intervention takes place when a third person is permitted to become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or by demanding anything adversely to both the plaintiff and defendant, and inter is made by complaint, setting forth the grounds upon which the intervention rests, filed by leave of the court, and served upon the parties to the action or proceedings who have not appeared, and upon the attorneys of the parties who have appeared, who may answer or demur to it as if it were an original complaint.

How vention may be had.

SEC. 25. Where two or more persons associated in the same business transact such business under a common name, whether it comprise the names of such persons or not, the associates may be sued by such common name, the summons in such cases being served on one or more of the associates; and the judgment in the action shall bind the joint property of all the associates in the

same manner as if all had been named defendants, and had been sued upon their joint liability.

Powers of

controversy between par

SEC. 26. The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their courts as to rights; but when a complete determination of the controversy cannot be had without the presence of other parties, the court shall order them to be brought in.

SEC. 27. When, in a civil action, a person not a party thereto, but having an interest in the subject thereof, makes application to the court to be made a party, it may order him to be brought in, and upon due service upon the adverse party of his complaint, or answer, the same proceedings shall be had as if he had been an original party to the action.

TITLE III.

CHAPTER I.—Of the Time of Commencing Actions.

ties.

Right of per

son not a parplead.

ty to inter

Right to com

SEC. 28. Civil actions can only be commenced within the periods prescribed in this title, after the cause of mence civil action shall have accrued, except where, in special cases, a different limitation is prescribed by statute.

CHAPTER II.

actions limited in this title.

for the recovery of real property.

SEC. 29. No action for the recovery of real property or for the recovery of the possession thereof, can be Limitation maintained unless it appear that the plaintiff, his ancestor, predecessor, or grantor was seized or possessed of the property in question within five years before the commencement of the action.

appear

Limitation for recovery

SEC. 30. No cause of action or defense to an action, arising out of the title to real property, or to rents or profits out of the same, can be effectual unless it that the person prosecuting the action, or making the of an interest defense, or under whose title the action is prosecuted, or the defense is made, or the ancestor, predecessor, or grantor of such person, was seized or possessed of the

in real prop

erty.

When entry

tate deemed sufficient.

premises in question within five years before the commencement of the act in respect to which such action is prosecuted or defense made.

SEC. 31. No entry upon real estate is deemed sufficient or valid, as a claim, unless an action be commenced

upon real es thereupon within one year after making such entry, and within five years from the right to make it descended or accrued.

SEC. 32. In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the property is presumed to have been possessed thereof within the time required by law, and Presumption, the occupation of the property by any other person is deemed to have been under and in subordination to the legal title, unless it appear that the property has been held and possessed adversely to such legal title for five years before the commencement of the action.

when legal

title estab

lished.

As to adverse

founded on a

written in

strument, de

cree, or judg

ment.

SEC. 33. When it appears that the occupant, or those under whom he claims, entered into the possession of the property under claim of title, exclusive of other right, founding such claim upon a written instrument as being a conveyance of the property in question, or upon the possession decree or judgment of a competent court, and that there had been a continued occupation and possession of the property included in such instrument, decree or, judgment, or of some part of the property under such claim, for five years, the property so included is deemed to have been held adversely, except that, when it consists of a tract divided into lots, the possession of one lot is not deemed a possession of any other lot of the same tract. SEC. 34. For the purpose of constituting adverse posWhat consti- session by any person claiming a title founded upon a possession written instrument, or a judgment or decree, land is founded on a deemed to have been possessed and occupied in the fol

tutes adverse

when title

written in

strument, lowing cases:

judgment, or decree.

First. Where it has been usually cultivated or improved.

Second. Where it has been protected by a substantial enclosure.

Third. Where, although not enclosed, it has been used for the supply of fuel, or of fencing timber for the purposes of husbandry, or for pasturage, or for the ordinary use of the occupant.

Fourth. Where a known farm or single lot has been partly improved, the portion of such farm or lot that may have been left not cleared, or not enclosed, according to the usual course and custom of the adjoining country, shall be deemed to have been occupied for the same length of time as the part improved and cultivated.

SEC. 35. Where it appears that there has been an actual continued occupation of land, under a claim of title exclusive of any other right, but not founded upon a written instrument, judgment, or decree, the land so actually occupied, and no other, is deemed to have been held adversely.

SEC. 36. For the purpose of constituting an adverse possession by a person claiming title not founded upon a written instrument, judgment, or decree, land is deemed to have been possessed and occupied in the following cases only:

As to adverse

possession only.

by occupancy

What consti

tutes adverse when title not

possession

founded on a written instrument, de

First. Where it has been protected by a substantial cree, or judg enclosure.

Second. Where it has been usually cultivated or improved.

SEC. 37. When the relation of landlord and tenant has existed between any persons the possession of the tenant is deemed the possession of the landlord until the the expiration of five years from the termination of the tenancy, or where there has been no written lease, until the expiration of five years from the time of the last payment of rent, notwithstanding that such tenant may have acquired another title, or may have claimed to hold adversely to his landlord; but such presumptions cannot be made after the periods herein limited.

ment.

Extent that

possession

of tenant is

deemed posthe landlord

session of

as between tenant and

landlord.