Page:Compiled Laws of the State of North Dakota 1913 vol II.pdf/33

== CODE CIVIL PROCEDURE ==

Time of §§ 7374-7375
a mortgage upon real estate.

[R.C. 1905, § 6786; C. Civ. P. 1877, § 53; R.C. 1899, § 5200; 1901, ch. 120.]

Legislature may lessen statutory period within which action can be brought. Bank v. Braithwaite, 7 N.D. 358, 75 N.W. 244; Osborne v. Lindstrom, 9 N.D. 1, 81 N.W. 72.

Legislature may shorten limitation for action upon judgment. ''Mer. Nat. Bank v. Braithwaite'', 9 N.D. 358, 75 N.W. 244, 66 Am. St. Rep. 653.

Action on county warrant may be brought at any time within twenty years. Heffleman v. Pennington County, 3 S.D. 162, 52 N.W. 851; Stewart v. Custer County, 14 S.D. 155, 84 N.W. 764.

Distinction between sealed and unsealed instruments is abolished except as to statute of limitations. Gibson v. Allen, 19 S.D. 617, 104 N.W. 275.

As to effect of issuing execution on judgment ten years after entry, where debtor has been absent from state. Weisbecker v. Cahn, 14 N.D. 390, 104 N.W. 513.

Right to sue on justice's court judgment within ten years Holton v. Schmarback, 15 N.D. 38, 106 N.W. 36.

As applied to running of statute in proceeding to foreclose by advertisement. Clark v. Beck, 14 N.D. 287, 103 N.W. 755.

Action to foreclose mortgage on real property must be commenced within ten years. ''Colonial & U.S. Mortg. Co. v. Northwest Thresher Co.'', 14 N.D. 147, 70 L.R.A. 814, 116 Am. St. Rep. 642, 103 N.W. 915, 8 A & K. Ann Cas. 1160.

On right to foreclose security after action on debt is barred. Satterlund v. Beal 12 N.D. 122, 95 N.W. 518.

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.

Mortgage reciting, "In witness where of, the said parties of the first part have here unto set their hands and seals" and in which word "seal" follows name of mortgagor, is sealed instrument Green v. Frick, 25 S.D. 342, 125 N.W. 579.

Limitation of actions against county and like warrants. 8 Am. St. Rep. 206.

Bar of statute of limitations as ground for quieting title as against incumbrance. 6 L.R.A. (N.S.) 516

1. Effect of bar of statute of limitations against action to enforce judgment upon right to issue execution thereon. 23 L.R.A. (N.S.) 1096.

2. Effect of void proceedings under which real property is sold, to start statute of limitations running in favor of purchaser is possession. 8 L.R.A. (N.S.) 352

3. Effect of statutory bar of principle debt on right to foreclose a mortgage or deed of trust securing the same 21 L.R.A. 550

Right to enjoin sale under a power in a mortgage against which the statute of limitations has run. 6 L.R.A. (N.S.) 510

Effect of bar of other remedies to prevent a sale property under a power in a trust deed or mortgage. 13 L.R.A. (N.S.) 1210

Effect of debt becoming barred by statute of limitations upon right and remedies under conveyance of absolute on its face, but intended as a mortgage. 11 L.R.A. (N.S.) 825; 24 L.R.A. (N.S.) 840

Effect of statutory bar of action for purchase money on right to enforce lien where vendor takes mortgage which shows that it is given for the purchase money. 39 L.R.A. (N.S.) 1176

Effect of mortgagor's absence from the state to toll the statute of limitations as against foreclosure proceedings against his grantee. 26 L.R.A. (N.S.) 898.

Effect of acceleration provision in mortgage or note to start the statute of limitations running. 12 L.R.A. (N.S.) 1190; 22 L.R.A. (N.S.) 1110

§ 7375. Six years. within six years:

1. An action upon a contract, obligation or liability, express or implied excepting those mentioned in section 6762.

2. An action upon a liability created by statute, other than a penalty or forfeiture, when not otherwise expressly provided.

3. An action for trespass upon real property.

4. An action for taking, detaining or injuring any goods or chattels, including actions for the specific recover of personal property.

5. An action for criminal conversation, or any other injury to the person or rights of another not arising on contract and not hereinafter enumerated.

An action for relief on the grounds of fraud in cases which theretofore were solely cognizable by the court of chancery, the cause of action in such cases not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud. Leviticuss007 (talk) 04:43, 3 November 2022 (UTC)Leviticuss007