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1. Such right or title shall have accrued within forty years before any action or other proceeding, for the same shall be commenced; or unless,

2. The people, or those from whom they claim, shall have received the rents and profits of such real property, or of some part thereof, within the space of forty years.

In action brought by the people of the state to recover real property, the defendant pleaded the fact that the people, or those from whom they claimed had not received the rents and profits of such real property, or of some part thereof, within the space of forty years, and such pleading held good. The People vs. William Arnold, manuscript opinion of Chief Justice Bronson.

tion cannot

by grantee

State.

§ 76. No action shall be brought for, or in respect to, when acreal property, by any person claiming by virtue of letters be brought patent, or grants from the people of this state, unless the from the same might have been commenced by the people as herein Passed specified, in case such patent or grant had not been issued or made.

1849.

when acpeople or

tion by the

their gran

tees to be brought within

twenty

years.

Passed

§ 77. When letters patent or grants of real property shall have been issued or made by the people of this state, and the same shall be declared void by the determination of a competent court, rendered upon an allegation of a fraudulent suggestion, or concealment, or forfeiture or mistake, or ignorance of a material fact, or wrongful detaining, 1849. or defective title, in such case, an action for the recovery of the premises so conveyed, may be brought either by the people of this state, or by any subsequent patentee or grantee of the same premises, his heirs or assigns, within twenty years after such determination was made; but not after that period.

within

years,

cessary in

§ 78. No action for the recovery of real property, or for seisin the recovery of the possession thereof, shall be maintained twenty unless it appear that the plaintiff, his ancestor, predecessor when ne or grantor, was seised or possessed of the premises in ques-real pro tion, within twenty years before the commencement of such action.

action for

Passed 1849.

Seisin within twenty years, when ne

§ 79. No cause of action or defence to an action found

ed upon the title to real property, or to rents or services cessary in out of the same, shall be effectual, unless it appear that

action or

founded on

rents of

real

pro

perty.

defence the person prosecuting the action, or making the defence, title to or or under whose title the action is prosecuted or the defence is made, or the ancestor, predecessor or grantor of such person, was seised or possessed of the premises in question, within twenty years before the committing of the act in respect to which such action is prosecuted or defence made.

Passed 1849.

Action

must be commen

§ 80. No entry upon real estate shall be deemed sufced with- ficient, or valid as a claim, unless an action be commenced

in one year

after entry thereupon within one year after the making of such entry,

or within

twenty

years after right of

entry. Passed

1849.

Possession

sumed.

deemed un

title, unless

and within twenty years from the time when the right to make such entry, descended or accrued.

§ 81. In every action for the recovery of real property, when pre- or the possession thereof, the person establishing a legal Occupation title to the premises, shall be presumed to have been posder legal sessed thereof within the time required by law; and the adverse. occupation of such premises by any other person, shall be deemed to have been under and in subordination to the legal title, unless it appear that such premises have been held and possessed adversely to such legal title, for twenty years before the commencement of such action.

Passed 1849.

Occupation under written instrument

§ 82. Whenever it shall appear that the occupant, or those under whom he claims, entered into the possession or judg-of premises under claim of title, exclusive of any other deemed ad- right, founding such claim upon a written instrument, as

ment,

when

verse.

Passed 1849.

being a conveyance of the premises in question, or upon the decree or judgment of a competent court; and that there has been a continued occupation and possession of the premises included in such instrument, decree or judgment, or of some part of such premises, under such claim, for twenty years, the premises so included shall be deemed to have been held adversely, except that where the

premises so included consist of a tract divided into lots, the possession of one lot shall not be deemed a possession of any other lot of the same tract.

stitutes ad

writ-verse pos

session, under written

§ 83. For the purpose of constituting an adverse posses- What con sion, by any person claiming a title founded upon a ten instrument, or a judgment or decree, land shall be instrument deemed to have been possessed and occupied in the fol- ment. lowing cases:

1. Where it has been usually cultivated or improved; 2. Where it has been protected by a substantial inclosure;

3. Where, although not inclosed, it has been used for the supply of fuel or of fencing timber, for the purposes of husbandry, or the ordinary use of the occupant;

4. Where a known farm or a 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.

a

or judg

Passǝd 1849.

actually

under claim of title deemed to be held ad

§ 84. Where it shall appear that there has been an Premises actual continued occupation of premises, under a claim of occupied, title, exclusive of any other right, but not founded upon written instrument, or a judgment or decree, the premises versely. so actually occupied and no other, shall be deemed to have been held adversely.

Passed 1649.

stitutes ad

verse pos

session under claim

be of title, not

§ 85. For the purpose of constituting an adverse posses- What consion, by a person claiming title not founded upon a written instrument, or a judgment or decree, land shall deemed to have been possessed and occupied in the following cases only:

1. Where it has been protected by a substantial enclosure;

written.

Passed

1849.

2. Where it has been usually cultivated or improved. § 86. Whenever the relation of landlord and tenant Relation of shall have existed between any persons, the possession of tenant, as

landlord &

affecting the tenant shall be deemed the possession of the landlord,

adverse

1849.

possession. until the expiration of twenty years from the termination Passed of the tenancy; or where there has been no written lease, until the expiration of twenty 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 shall not be made after the periods herein limited. § 87. The right of a person to the possession of any by descent property, shall not be impaired or affected by a descent being cast in consequence of the death of a person in possession of such property.

Right of possession not affected

cast.

Passed 1849.

Certain disabilities ex

cluded from time to com

mence action.

Passed 1849.

real

§ 88. If a person entitled to commence any action for the recovery of real property, or to make an entry or defence founded on the title to real property, or to rents or services out of the same, be at the time such title shall first descend or accrue either;

1. Within the age of twenty-one years, or,

2.. Insane, or,

3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offence, for a term less than for life, or,

4. A married woman;

The time, during which such disability shall continue, shall not be deemed any portion of the time in this chapter limited for the commencement of such action, or the making of such entry or defence; but such action may be commenced, or entry or defence made, after the period of twenty years, and within ten years after the disability shall cease, or after the death of the person entitled who shall die under such disability: but such action shall not be commenced, or entry or defence made after that period.

CHAPTER III.

The time of commencing actions other than for the recovery of real property.

SECTION 89. Periods of limitation prescribed.

90. Within twenty years.
91. Within six years.
92. Within three years.
93. Within two years.
94. Within one year.

95. When cause of action accrued, in an action upon a current ac-
count.

96. Actions for penalties, &c., by any person who will sue, when

to be brought.

97. Actions for relief, not before provided for.

98. Actions by the people, subject to the same limitation.

limitation

§89. [Sec. 69.] The periods prescribed in section seventy- Periods of four for the commencement of actions other than for the prescribed recovery of real property, shall be as follows:

§ 90. [Sec. 70.] Within twenty years:

Amended 1849.

Within

twenty

Amended

1. An action upon a judgment or decree of any court of years. the United States, or of any state or territory within the 1849. United States.

2. An action upon a sealed instrument. §91. [Sec. 71. Within six years:

Within six

years.

1849.

1. An action upon a contract, obligation or liability, Amended express or implied; excepting those mentioned in section 90.

2. An action upon a liability created by statute, other than a penality or forfeiture.

3. An action for trespass upon real property.

4. An action for taking, detaining or injuring any goods or chattels, including actions for the specific recovery of personal property.

5. An action for criminal conversation, or for any other injury to the person or rights of another, not arising on contract, and not hereinafter enumerated.

6. An action for relief, on the ground of fraud; in cases which heretofore were solely cognizable by the court of chancery; the cause of action in such case not to be

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