PART II. Of Civil Actions. TITLE II. Of the time of commencing civil actions. X. Of the costs in civil actions. XII. Of the miscellaneous proceedings in civil actions. XIV. Provisions relating to existing suits. GENERAL PROVISIONS RELATING TO CIVIL ACTIONS. § 46. The rule of the common law, that statutes in derogation of that law are to be strictly construed, has no application to the Code of Procedure. That code establishes the common law of this state, respecting the subjects to which it relates, and its provisions respecting civil actions, and all proceedings under those provisions, are to be liberally construed, with a view to promote the objects of the Code, and to assist the parties in obtaining justice. § 47. From the time of the service of the summons in a civil action, or the allowance of a provisional remedy, the court shall be deemed to have acquired jurisdiction, and to have control of all the subsequent proceedings. § 48. Whenever any proceeding taken by a party fails to conform in any respects to the provisions of the Code, the court shall have power to permit an amendment of such proceeding, so as to make it conformable to law. TITLE II. CHAPTER II. Time of commencing actions for the recovery of real property. § 49. The people of this state will not sue any person for or in respect to any real property, or the issues or profits thereof, by reason of the right or title of the people to the same unless, 1. Such right or title shall have accrued within twenty 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 proper、 ty, or of some part thereof, within the space of twenty years. § 50. No action shall be brought for, or in respect to, real property, by any person claiming by virtue of letters patent, or grants from the people of this state, unless the same might have been commenced by the people, as herein specified, in case such patent or grant had not been issued or made. § 51. 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 concealment, or wrongful detaining, 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. § 52. No action for the recovery of real property, or for the recovery of the possession thereof, shall be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seised or possessed of the premises in question, within twenty years before the commencement of such action. § 53. No cause of action or defence to an action founded upon the title to real property, or to rents or services out of the same, shall be effectual unless it appear that the person, prosecuting the action or making the defence, 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. § 54. No entry upon real estate shall be deemed suf ficient, or valid as a claim, unless an action be commenced thereupon within one year after the making of such entry, and within twenty years from the time when the right to make such entry, descended or accrued. § 55. In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the premises, shall be presumed to have been possessed thereof, within the time required by law; and the 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. § 56. Whenever it shall appear that the occupant, or those under whom he claims, entered into the possession of premises under claim of title, exclusive of any other right, founding such claim upon a written instrument, as 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. § 57. For the purpose of constituting an adverse possession, by any person claiming a title founded upon a written instrument, or a judgment or decree, land shall be deemed to have been possessed and occupied in the following 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 inclosed 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. § 58. Where it shall appear that there has been an actual continued occupation of premises, under a claim of title, exclusive of any other right, but not founded upon a written instrument, or a judgment or decree, the premises so actually occupied and no other, shall be deemed to have been held adversely. |