Page:United States Statutes at Large Volume 31.djvu/445

 FIFTY-SIXTH CONGRESS. . Sess. 1. Ch. 786. 1900. 393 Sec. 360. In an action against an executor o,r administrator, as such, m;’§g{’es ¥§{’f§§§’;’{} the provisional remedies 0 arrest and attachment shall not be allowed Zgeinst executors or on account of the acts of his testator or intestate; but for his own acts m'”i°"°t°”' as such executor or administrator such remedies shall be allowed for the same causes and in like manner and with like effect as in actions generally. . CHAPTER THIBTY-EIGHT. GENERAL PROVISIONS RELATING TO ACTIONS or AN EQUICHABLE NATURE. Sec. Sec. U 361. Limitation of actions. \ 367. What objections if not taken b de- 362. In whose name an action to be pros- murrer or answer may be madle on ecuted. the trial. . 363. Plaintiffs and defendants, who may 368. Counterclaim of defendant. be. 369. What causes of actions may be 364. Same subject. 365. Service o the summons. 370. Arrest and bail in actions of equi- 366. Seayice of the summons by publica- - table nature. on. Sec. 361. An action of an equitable nature shall only be commenced mf;*§“'°““°“ °* “°‘ within the time-limited to commence an action as provided in chapter ` two of this title; and an action for the determination. of any right or claim to or interest in real property shall be deemed within the limitations provided for actionsfor the recovery of the possession of real property; -but no action shall be maintained to set aside, cancel, annul, or otherwise aifectapatentto lands issued by the United States, or to compel any person claiming or holding under such patent to convey the lands escribed therein or any portion of them to the plaintiff in such action, or to hold the same in trust for or to the use and benefit of such plaintiff, or on account of any matter, thing, or transactionhwhich was ad, done, suffered, or transpired prior to the date of such patent, unless such action is commenced within ten years from the date of such patent. In an action upon a newpromise, fraud, or mistake the limitation shall only be deemed to commence from the makin of the _ new promise or- the discoveigiy of the fraud or mistake: Prvvicid, This ”°°“°““°“°“· °‘°· section shall not be construe so as to bar an equitable owner in possession of reall rbperty from defendin his possession by means of his equitable titlg; and in any action for gw recovery of any real property, or the possession thereof, by any person or persons claiming or hold- .\ ing the legal title to the same under such patent against any person or q, persons in possession of such real property under any equitable title, plaintiff in such action, such equitable right of ossession may be pleaded by answer in such action or set up by complaint to enjoin. such action or execution upon any judgment rendered therein; and the right of such equitabledowner to defend his possession in such action, or by complaint for injunction, shall not be barred by lapse of time while an action for the possession of suchrreal property is not barred by the provisions of chapter two of this title. Sec. 362. Every action of an equitable nature shall be » rosecuted ac{§‘0,§'h§§€Qg°‘§,@ in the name of the real party in interest, except as in tliis section eutedotherwise provided. An executor or an administrator, a trustee of an express trust, or a person expressly authorized to sue by statute, may sue without joining with him the person for whose benefit the action is prosecuted. A trustee of an express trust within the meaning of this section shall be construed to include a erson with whom and in Wl§>se name montract ishmade for the benefit of anqther. f h. P1 mms d de- EC. 363. ersons avin an interest in the su jecto the action ° ““ and in obtaining the relief gemanded may be joined as plaintiffs, md&m'wh0myb°`
 * 7 or having in equity the right to the possession thereof as against the