PART II OF CIVIL ACTIONS. TITLE I. FORM OF CIVIL ACTIONS. §§ 307-309. TITLE II, TIME OF COEMENCING CIVIL ACTIONS. 0 312-362. PARTIES TO CIVIL ACTIONS. §§ 367–389. TITLE III. TITLE IV. TITLE VII. TITLE VIII. PLACE OF TRIAL OF CIVIL ACTIONS. §§ 392-400. PROVISIONAL REMEDIES IN CIVIL ACTIONS. § 478- TRIAL AND JUDGMENT IN CIVIL ACTIONS. TITLE IX. EXECUTION OF THE JUDGMENT IN CIVIL ACTIONS. TITLE XI. TITLE XII. §§ 681-721. TITLE X. ACTIONS IN PARTICULAR CASES. §§ 726-827. TITLE I. OF THE FORM OF CIVIL ACTIONS. SECTION 307. One form of civil action only. 308. Parties to actions, how designated. 309. Special issues not made by pleadings, how tried. Ø 307. (§ 1.) There is in this State but one form of civil actions for the enforcement or protection of private rights and the redress or prevention of private wrongs. 1 Cal. 167; 2 Cal. 463; 3 Cal. 196, 458; 4 Cal. 6; 12 Cal. 143; 16 Cal. 221; 17 Cal. 487; 18 Cal. 126; 19 Cal. 476; 21 Cal. 129; 24 Cal. 458; 26 Cal. 11; 38 Cal. 519. Not applicable to probate proceedings (15 Cal. 220) nor special cases (5 Cal. 43). 308. (2.) In such action the party complaining is known as the plaintiff, and the adverse party, as the defendant. § 309. (§ 3.) A question of fact not put in issue by the pleadings may be tried by a jury, upon an order for the trial stating distinctly and plainly the question of fact to be tried; and such order is the only authority necessary for a trial. TITLE II. OF THE TIME OF COMMENCING ACTIONS. CHAPTER I. The time of commencing actions in general. § 312. II. The time of commencing actions for the recovery III. The time of commencing actions other than for the recovery of real property. §§ 335-245. IV. General provisions as to the time of commencing actions. 350-362. CHAPTER I. THE TIME OF COMMENCING ACTIONS IN GENERAL. SECTION 312. Commencement of civil actions. $312. Civil actions can orly be commenced within the periods prescribed in this title, after the cause of action shall have accrued, except where, in special cases, a different limitation is prescribed by statute. Stat. 1850, 343. Statute of limitations in general: 6 Cal. 381, 430; 7 Cal. 1, 424; 8 Cal 449; 10 Cal. 305; 16 Cal. $3; 18 Cal. 482; 21 Cal. 495; 27 Cal. 145, 278; 29 Cal. 19. Lyman vs. Walker, 35 Cal. 634; 36 Cal. 180. When cause of action accrues: 6 Cal. 53, 430; 7 Cal. 247; 13 Cal. 540; 14 Cal. 134; 16 Cal. 173; 19 Cal. 85; 27 Cal. 57, 119, 274, 376; 20 Cal. 225; 22 Cal. 556; 24 Cal. 114; 25 Cal. 593; 29 Cal. 503; 34 Cal. 254, 149; 35 Cal. C34; 38 Cal. 24, 242, 335, 407; 39 Cal. 360; 40 Cal. 547. The statute can not be availed of as a defence, unless pleaded: 2 Cal. 409; 19 Cai. 476; 23 Cal. 16; 25 Cal. 82; 27 Cal. 360; 28 Cal. 105; 30 Cal. 65. Pleadings: 12 Cal. 311; 17 Cal. 569; 18 Cal. 67; 19 Cal. 85, 476; 20 Cal. 211; 22 Cal. 457; 25 Cal. 82, 232; 27 Cal. 274; 28 Cal. 195; 29 Cal. 29; 30 Cal. 65; 31 Cal. 387; 33 Cal. 121, 505; 35 Cal. 122; 36 Cal. 187, 625; 38 Cal. 335: 40 Cal. 261. Mortgages; 18 Cal. 482; 21 Cal. 495; 22 Cal. 109, 620; 23 Cal. 16, 142; 24 Cal. 403; 25 Cal. 492; 26 Cal. 141, 361; 35 Cal. 229; 33 Cal. 121; 34 Cal. 365. Redemption: 23 Cal. 16; 24 Cal. 403; 33 Cal. 92; 34 Cal. 365; 40 Cal. 62. CHAPTER II. THE TIME OF COMMENCING ACTIONS FOR THE RECOVERY OF REAL PROPERTY. SECTION 315. When the people will not sue. 316. When action can not be brought by grantee from the 317. When actions by the people or their grantees are to 318. Seizen within five years, when necessary in action for real property. 319. Such seizen, when necessary in action or defence arising out of title to or rents of real property. 320. Entry on real estate. 321. Possession, when presumed. Occupation deemed under legal title, unless adverse. 322. Occupation under written instrument or judgment, when deemed adverse. 323. What constitutes adverse possession under written instrument or judgment. 324. Premises actually occupied under claim of title deemed to be held adversely. 325. What constitutes adverse possession under claim of title not written. 326. Relation of landlord and tenant as affecting adverse possession. 327. Right of possession not affected by descent cast. 328. Certain disabilities excluded from time to commence actions. 315. 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 ten years before any action or other proceeding for the same is commenced; or, 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 ten years. Stat. 1850, 313, § 3. 18 Cal. 619; 40 Cal. 54. §. 316. No action can be brought for or in respect to real property by any person claiming under letters patent or grants from this State, unless the same might have been commenced by the people as herein specified, in case such patent had not been issued or grant made. Stat. 1850, 343, § 4. § 317. When letters patent or grants of real property, issued or made by the people of this State, are 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, or defective title, in such case an action for the recovery of the property so conveyed may be brought either by the people of this State, or by any subsequent patentee or grantee of the same property, his heirs or assigns, within five years after such determination, but not after that period. C, & Stat. 1850, 343, § 5. 318. No action for the recovery of real property, or for the recovery of the possession thereof, can be 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. Stat. 1863, 325, being the same as stat. 1850, 344, § 6. Amendment of 1855, 109, added: "Provided, however, that an action may be maintained by a party claiming such real estate, or the possession thereof, under title derived from the Spanish or Mexican governments, or the authorities thereof, if such action be commenced within five years from the time of the final confirmation of such title by the government of the United States or its legally constituted authorities." 13 Cal. 510; 15 Cal. 275; 18 Cal. 435; 25 Cal. 596, 626. Water rights: 8 Cal. 136; 25 Cal. 504; 27 Cal. 360; 32 Cal. 26. 319. No cause of action, or defence 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 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 |