Page:Compiled Laws of the State of North Dakota 1913 vol II.pdf/29

== CODE CIVIL PROCEDURE ==

Time of §§ 7359-7364
Action for accounting under mortgage and to redeem is governed by Comp. § 4856 (S.D. Code Civ. Proc., § 66, N.D. Rev. Codes, § 6793). Houts v. Hoyne, 14 S.D. 176, 84 N.W. 773

§ 7360. Persons claiming under state. No action shall be brought for or in respect to real property by any person claiming by virtue of grants from the state, unless the same might have been commenced as herein specified in case such grant had not been issued or made.

[R.C. 1905, § 6772; C. Civ. P. 1877, § 39; R.C. 1899, § 5186.]

§ 7361. Extension of limitation, when. When grants of real property shall have been issued or made by the state and the same shall be declared void by the determination of a competent court rendered upon an allegation of fraudulent suggestion, or concealment, or forfeiture, or mistake, or ignorance of material fact, or wrongful detaining, or defective title, in such case and action for the recovery of the premises so conveyed may be brought either by the state or by any subsequent grantee of the same premises, his heirs or assigns, within twenty years after such determination was made, but not after that period.

[R.C. 1905, § 6773; C. Civ. P. 1877, § 40; R.C. 1899, § 5187.]

'§ 7362. Seizin within twenty years. No action for the recovery of real property or for the recovery of the possession thereof shall be maintained, unless it appears that the plaintiff, his ancestor, predecessor, or grantor was seized 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 defense or counterclaim made.

[R.C. 1905, § 6775; C. Civ. P. 1877, § 42; R.C. 1895, § 5189.]

On application of sections 7362 and 7363 to actions at law only. Blessett v. Turcotte, 23 N.D. 417, 136 N.W. 945.

Maintenance of flashboards on dam for six years in such manner as to extend scope of land flooded by dam is insufficient to show prescriptive right to maintaining flashboards Shearer v. Hutterische Bruder Gemeinde, 28 S.D. 509, 134 N.W. 63.

When right of action for injury to real estate, from a cause not immediately effective, accrues. 5 L.R.A. (N.S.) 379.

Application of statute of limitations to actions for injuries by milldam. 17 L.R.A. (N.S.) 205

When does statute of limitations commence to run against action for injury to surface by mining operations or other excavations. 23 L.R.A. (N.S.) 805.

Running of limitations against action by abutting owner for compensation for railroad in street. 36 L.R.A. (N.S.) 835

§ 7364. One year after entry. No entry upon real estate shall be deemed sufficient or valid as a claim unless an action is commenced thereon within one year after making such entry and within twenty years from the time when the right to make such entry decended or accured.

[R.C. 1905, § 6776; C. Civ. P. 1877, § 43; R.C. 1899, § 5190.] Leviticuss007 (talk) 16:09, 2 November 2022 (UTC)Leviticuss007