Page:Compiled Laws of the State of North Dakota 1913 vol II.pdf/32

== CODE CIVIL PROCEDURE ==

Commencing Actions §§ 7371-7374
§ 7371. Effect of descent. The right of a person to the possession of any real property shall not be impaired or affected by a descent being cast in consequence of the death of a person in possession of such property.

[R.C. 1905, § 6783; C. Civ. P. 1877, § 50; R.C. 1899, § 5197.]

Does the continuation by a life tenant, or his grantee, of an adverse possession initiated by the creator of the life estate, insure to the benefit of the remaindermen? 24 L.R.A. (N.S.) 1055

Must ancestor have been in possession to give heirs the benefit of his color of title? 42 L.R.A. (N.S.) 403.

§ 7372. Disabilities extend time. If a person entitled to maintain any of the actions mentioned in this article, or to interpose a defense or counterclaim thereto, or to make an entry upon real property, is, when his title first descends or his cause of action or right of entry first accrues, or when such defense or counterclaim might be interposed, either:

1. Within the age of twenty-one years; or,

2. Insane; or,

3. Imprisoned on a criminal charge or in execution upon conviction of criminal offense for a term less than for life. the time of such disability is not a part of the time in this article limited for the commencement of such action, or the making of such entry, or the interposing of such defense or counterclaim; but the time so limited cannot be extended more than ten years after the disability ceases or after the death of the person so disabled.

[R.C. 1905, § 6784; C. Civ. P. 1877, § 51; R.C. 1895, § 5198.]

Time of commencement of actions for the recovery of real property applies to actions at law only and not to equitable actions. Houte v. Hoyne, 14 S.D. 176, 84 N.W. 773.

The title to land becomes valid by ten years adverse possession and payment of taxes under section 5471 as against minors as well as adults. Schauble v. Schulz, 137 Fed. 389.

Does the disability of one person inure to the benefit of another? 49 Am. St. Rep. 710.

Disabilities which protect from the statute of limitations. 36 Am. Dec. 68.

§ 7373. Other periods. The following actions must be commenced within the periods set forth in the following five sections after the cause of action has accrued.

[R.C. 1905, § 6785.]

No lapse of time will bar remedy to enforce tax lien against land. Wells County v. McHenry, 7 N.D. 246, 74 N.W. 241.

Statute of limitations may ne shortened as to existing causes of action ''Mer. Nat. Bank v. Braithwaite'', 7 N.D. 358, 75 N.W. 244, 66 Am. St. Rep. 516; Power v. Kitching, 10 N.D. 254, 86 N.W. 737.

Statement that cause did not accrue within six yeras before commencement of action is good pleading of statute. McConnell v. Spicker, 15 S.D. 98, 87 N.W. 574.

As to when limitation period begins to run against right to maintain foreclosure action. Paine v. Dodds, 14 N.D. 189, 116 Am. St. Rep. 674, 103 N.W. 931.

Action against county segregated from another county for indebtedness of latter made a charge upon it by statute is not within the statute of limitations. Burleigh County v. Kidder County, 20 N.D. 27, 125 N.W. 1063.

Judgment, dead so far as it relates to liens and for purposes of execution, will support action against judgment debtor after ten yeras have elapsed. ''Union Nat. Bank v. Ryan'', 23 N.D. 482, 137 N.W. 449.

Limit of time for interposing defense of usury against national bank. 56 L.R.A. 686.

§ 7374. Ten years. Within ten years:

1. An action upon a judgment or decree of any court of the United States or of any state or territory within the United States.

2. An action upon a contract contained in any conveyance or mortgage of or instrument affecting the title to real property, except a covenant of warranty, an action upon which must be commenced within ten years after the final decision against the title of the covenantor.

3. Any proceeding by advertisement or otherwise for the foreclosure of Leviticuss007 (talk) 04:44, 3 November 2022 (UTC)Leviticuss007