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PART II.

OF CIVIL ACTIONS

TITLE I. Of their form.

II. Of the time of commencing them.

III. Of the parties.

IV. Of the place of trial.

V. Of the manner of commencing them.

VI. Of the pleadings.

VII. Of the provisional remedies.

VIII. Of the trial and judgment.

IX. Of the execution of the judgment.

X. Of the costs.

XI. Of actions in particular cases.

XII. Of appeals.

XIII. Of the miscellaneous proceedings and general

provisions.

XIV. Provisions respecting suits heretofore com

menced.

TITLE I.

OF THE FORM OF CIVIL ACTIONS.

SECTION 554. Distinction between actions at law and suits in equity, and forms of such actions and suits, abolished.

555. Parties to an action, how designated.

556. Feigned issues, abolished and order for trial substituted.

§ 554. The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished; and, there shall be in this state, hereafter, but one form of action, for [CIVIL CODE.]

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the enforcement or protection of private rights and the redress or prevention of private wrongs, which shall be denominated a civil action.

See Amended Code, § 69. The references do not always indicate that the provision referred to and that reported are precisely the same, though we have intended to note the substantial differences.

§ 555. In such action, the party complaining is known as the plaintiff, and the adverse party as the defendant.

Amended Code, § 70.

§ 556. There can be no feigned action or issue, 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.

Amended Code, § 72.

TITLE II.

OF THE TIME OF COMMENCING CIVIL ACTIONS.
CHAPTER I. Actions in general.

II. Actions for the recovery of real property.

III. Actions, other than for the recovery of real property.
IV. General provisions.

CHAPTER I.

THE TIME OF COMMENCING ACTIONS IN GENERAL.

§ 557. Civil actions can only be commenced within the periods prescribed in this title, after the cause of action shall have accrued, except where in special cases, a different limitation is prescribed by statute.

Amended Code, § 74.

CHAPTER II.

THE TIME OF COMMENCING ACTIONS FOR THE RECOVERY OF REAL PROPERTY.

SECTION 558. When the people will not sue.

559.

When action cannot be brought by grantee from the state.

560. When actions by the people or their grantees to be brought within

twenty years.

561. Seisin within twenty years, when necessary in action for real

property.

562. Seisin within twenty years, when necessary in action or defence founded on title to or rents of real property.

563. Action must be commenced within one year after entry, or within twenty years after right of entry.

564. Possession when resumed. Occupation deemed under legal title, unless adverse.

565. Occupation under written instrument or judgment, when deemed adverse.

566. What constitutes adverse possession, under written instrument or

judgment.

567. Premises actually occupied, under claim of title, deemed to be held

adversely.

568. What constitutes adverse possession under claim of title not written.
569. Relation of landlord and tenant, as affecting adverse possession.
570. Right of possession not affected by descent cast.

571.

Certain disabilities excluded from time to commence actions.

$558. The people of this state will not sue any person for or in respect to any real property, or the issues or profits thereof, by reason of the right or title of the people to the same, unless,

1. Such right or title shall have accrued within forty years before any action, or other proceeding, for the same is commenced; or unless,

2. The people, or those from whom they claim, shall have received the rents and profits of such real property, or of some part thereof, within the space of forty years.

Amended Code, § 75.

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

Amended Code, § 76.

§ 560. When letters patent, or grants of real property, issued or made by the people of this state, are declared void by the determination of a competent court, rendered upon an allegation of a fraudulent suggestion, concealment, forfeiture, or mistake, or ignorance of a material fact, or wrongful detaining, or defective title, in such case, an action for the recovery of the property so conveyed, may be brought either by the people of this state, or by any subsequent patentee or grantee of the same property, his heirs or assigns, within twenty years after such determination; but not after that period.

Amended Code, § 77.

§ 561. No action for the recovery of real property, or for the recovery of the possession thereof, can be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seised or possessed of the property in question, within twenty years before the commencement of the action.

Amended Code, §78.

§ 562. No cause of action or defence to an action arising out of the title to real property, or to rents or services out of the same, can be effectual, unless it appear that the person prosecuting the action, or making the defence, or under whose title the action is prosecuted or the defence is made, or the ancestor, predecessor or grantor of such person, was seised or possessed of the property in question, within twenty years before the commission of the act in respect to which such action is prosecuted or defence made.

Amended Code, § 79.

§ 563. No entry upon real estate is deemed sufficient or valid as a claim, unless an action be commenced thereupon within one year after the making of the entry, and within twenty years from the time when the right to make it descended or accrued.

Amended Code, § 80.

§ 564. In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the property is presumed to have been possessed thereof within the time required by law; and the occupation of the property by any other person, is deemed to have been under and in subordination to the legal title, unless it appear that the property has been held and possessed adversely to such legal title, for twenty years before the cemmencement of the action.

Amended Code, § 81.

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