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374. Cotenants; part barred, when. If in actions by tenants in common or joint tenants of personal property, to recover the same, or damages for the detention of, or injury thereto, any of them shall be barred of their recovery by limitation of time, the rights of the others shall not be affected thereby, but they may recover according to their right and interest, notwithstanding such bar. Code, s. 173; C. C. P., s. 52.

375. Applicable to actions by state. The limitations prescribed by law shall apply to civil actions brought in the name of the state, or for its benefit, in the same manner as to actions by or for the benefit of private parties.

Code, s. 159; C. C. P., s. 38.

376. Action on account current. In an action brought to recover a balance due upon a mutual, open and current account, where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from the time of the latest item proved in the account on either side.

Code, s. 160; C. C. P., s. 39.

377. Not applicable to bank bills. The limitations prescribed by law shall not affect actions to enforce the payment of bills, notes or other evidences of debt, issued or put in circulation as money by moneyed corporations incorporated under the laws of the state. Code, s. 174; C. C. P., s. 53; 1874-5, c. 170.

378. Actions against bank officers and stockholders. The limitations prescribed by law shall not affect actions against directors or stockholders of any moneyed corporation, or banking association incorporated under the laws of this state, to recover a penalty or forfeiture imposed, or to enforce a liability created by law; but such actions must be brought within three years after the discovery by the aggrieved party of the facts upon which the penalty or forfeiture attached, or the liability was created.

Code, s. 175; C. C. P., s. 54.

379. Aliens in time of war. When a person shall be an alien subject, or a citizen of a country at war with the United States, the time of the continuance of the war shall not be part of the period. limited for the commencement of the action.

Code, s. 165; C. C. P., s. 44.

IV. LIMITATIONS, REAL PROPERTY.

380. Title against state. The state will not sue any person for, or in respect of, any real property, or the issue or profits thereof, by reason of the right or title of the state to the same

1. When the person in possession thereof, or those under whom he claims, shall have been in the adverse possession thereof for thirty years, such possession having been ascertained and identified under known and visible lines or boundaries; which shall give a title in fee to the possessor.

2. When the person in possession thereof, or those under whom he claims, shall have been in possession under colorable title for twenty-one years, such possession having been ascertained and identified under known and visible lines or boundaries.

Code, s. 139; C. C. P., 18; R. C., c. 65, s. 2.

381. Such possession valid against claimants under state. All such possession as is described in the preceding section, under such title as is therein described, is hereby ratified and confirmed, and declared to be a good and legal bar against the entry or suit of any person, under the right or claim of the state.

Code, s. 140; C. C. P., s. 19.

382. Seven years' possession under color. When the person in possession of any real property, or those under whom he claims, shall have been possessed of the same, under known and visible lines and boundaries, and under colorable title for seven years, no entry shall be made or action sustained against such possessor by any person having any right or title to the same, except during the seven years next after his right or title shall have descended or accrued, who in default of suing within the time aforesaid, shall be excluded from any claim thereafter to be made; and such possession, so held, shall be a perpetual bar against all persons not under disability. Code, s. 141; C. C. P., s. 20.

Note. See s. 333.

383. Seizin within twenty years, when necessary. No action for the recovery of real property, or the possession thereof, shall be maintained, unless it appear that the plaintiff, or those under whom he claims, was seized or possessed of the premises in question within twenty years before the commencement of such action, unless he was under the disabilities prescribed by law.

Code, s. 143; C. C. P., s. 22.

384. Twenty years' adverse possession. No action for the recovery of real property, or the possession thereof, or the issues

and profits thereof, shall be maintained when the person in possession thereof, or the defendant in such action, or those under whom he claims, shall have possessed such real property under known and visible lines and boundaries adversely to all other persons for twenty years; and such possession so held, shall give a title in fee to the possessor, in such property, against all persons not under disability. Code, s. 144; C. C. P., s. 23.

385. Action after entry. No entry upon real estate shall be deemed sufficient or valid, as a claim, unless an action be commenced thereupon within one year after the making of such entry, and within the time prescribed in this chapter.

Code, s. 145; C. C. P., s. 24.

386. Possession follows legal title, when. In every action for the recovery of real property, or the possession thereof, or damages for a trespass on such possession 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 appears that such premises have been held and possessed adversely to such legal title, for the time prescribed by law before the commencement of such action.

Code, s. 146; C. C. P., s. 25.

387. Tenant's possession is landlord's. Whenever the relation of landlord and tenant shall have existed between any persons, the possession of the tenant shall be deemed the possession of the landlord, until the expiration of twenty years from the termination 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. Code, s. 147; C. C. P., s. 26.

388. No title by possession of right of way. No railroad, plank road, turnpike or canal company shall be barred of, or presumed to have conveyed, any real estate, right of way, easement, leasehold, or other interest in the soil which may have been condemned, or otherwise obtained for its use, as a right of way, depot, stationhouse or place of landing, by any statute of limitation or by occupation of the same by any person whatever.

Code, s. 150; C. C. P., s. 29; R. C., c. 65, s. 23.

389. No title by possession of streets and highways. No person or corporation shall ever acquire any exclusive right to any part of any public road, street, lane, alley, square or public way of any kind by reason of any occupancy thereof or by encroaching upon or obstructing the same in any way, and in all actions, whether civil or criminal, against any person or corporation on account of any encroachment upon or obstruction of or occupancy of any public way it shall not be competent for any court to hold that such action is barred by any statute of limitations.

1891, c. 224.

V.

LIMITATIONS, OTHER THAN REAL PROPERTY.

390. Periods prescribed. The periods prescribed for the commencement of actions, other than for the recovery of real property, shall be as set forth in this subchapter.

Code, s. 151; C. C. P., s. 30.

391. Ten years. Within ten years

1. An action upon a judgment, or decree of any court of this state, or of the United States, or of any state or territory thereof, from the date of the rendition of said judgment or decree. But no such action shall be brought more than once, nor have the effect to continue the lien of the original judgment.

2. An action upon a sealed instrument against the principal thereto.

3. An action for the foreclosure of a mortgage, or deed in trust for creditors with a power of sale, of real property, where the mortgagor or grantor has been in possession of the property, within ten years after the forfeiture of the mortgage, or after the power of sale became absolute, or within ten years after the last payment on the same.

4. An action for the redemption of a mortgage, where the mortgagee has been in possession, or for a residuary interest under a deed in trust for creditors, where the trustee or those holding under him shall have been in possession, within ten years after the right of action accrued.

Code, s. 152; C. C. P., ss. 14, 31.

Note. For time within which power of sale in mortgage may be executed, see Conveyances, s. 1044.

Running of statute against judgment suspended by laying off homestead of judg ment debtor, see s. 685.

392. Seven years. Within seven years—

1. An action on a judgment rendered by a justice of the peace, from the date thereof.

2. By any creditor of a deceased person against his personal or real representative, within seven years next after the qualification

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of the executor or administrator and his making the advertisement required by law, for creditors of the deceased to present their claims, where no personal service of such notice in writing is made upon the creditor; and a creditor thus barred of a recovery against the representative of any principal debtor shall also be barred of a recovery against any surety to such debt.

Code, s. 153; C. C. P., s. 32.

393. Six years. Within six years

1. An action upon the official bond of any public officer.

2. An action against any executor, administrator, collector, or guardian on his official bond, within six years after the auditing of his final accounts by the proper officer, and the filing of such audited account as required by law.

3. An action for injury to any incorporeal hereditament.

Code, s. 154; C. C. P., s. 33.

Note. For limitations against officers of a corporation, improper payment of dividends, etc., see Corporations.

394. Five years. Within five years

1. No suit, action or proceeding shall be brought or maintained against any railroad company owning or operating a railroad for damages or compensation for right of way or use and occupancy of any lands by said company for use of its railroad unless such suit, action or proceeding shall be commenced within five years after said lands shall have been entered upon for the purpose of constructing said road, or within two years after said road shall be in operation. 2. No suit, action or proceeding shall be brought or maintained against any railroad company by any person for damages caused by the construction of said road, or the repairs thereto, unless such suit, action or proceeding shall be commenced within five years after the cause of action accrues, and the jury shall assess the entire amount of damages which the party aggrieved is entitled to recover by reason of the trespass on his property.

Note. See Three Years

1893, c. 152; 1895, c. 224; 1897, c. 339.

395. Three years. Within three years

1. An action upon a contract, obligation or liability arising out of a contract, express or implied, except those mentioned in the preceding sections.

2. An action upon a liability created by statute, other than a penalty or forfeiture, unless some other time be mentioned in the statute creating it.

3. An action for trespass upon real property. When the trespass is a continuing one, such action shall be commenced within three years from the original trespass, and not thereafter.

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