Page:1862 Territory of Dakota Session Laws.pdf/67

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. 3. There shall be but one form of action, which shall be called a civil action.

. 4. In such action, the party complaining shall be known as the plaintiff, and the adverse party as the defendant.

. 5. There can be no feigned issues; but 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.

. 6. An action for the recovery of the title, or the possession of lands, tenements, or hereditaments, can only be brought within twenty-one years after the cause of such action shall have accrued.

. 7. If a person, entitled to commence any action for the recovery of the title or possession of any lands, tenements, or hereditaments, be, at the time his right or title shall first descend, or accrue, within the age of twenty-one years, a married woman, insane, or imprisoned, every such person may, after the expiration of twenty-one years from the time his right or title first descended, or accrued, bring such action within ten years after such disability is removed, and at no time thereafter.

. 8. An action for the forcible entry and detention, or forcible detention only, of real property, can only be brought within two years after the cause of such action shall have accrued.