LIMITATION, fn law (ante). The "statute of limitations" was passed in the 23d year of James I. (1623), and its provisions have been substantially incorporated into the statutes of the American states. Actions in regard to real property must be brought -within 20 years after the right of entry or of action accrues. If the person having such right be under any disability at the time such right accrues, the statute will not run' till such disability be removed. An uninterrupted adverse possession for 20 years under a claim of right will bar the real ovvuer of his rights in the property. Such possession must be known to the real owner, either actually or constructively, and must be with out his consent; and the claim must be well known, and of definitely bounded and ascertainable estate. Properly speaking, a mortgagees possession is not adverse to that of the mortgagee, as the relation between them is more in the nature of a tenancy; and .such possession is, in the absence of evidence to the contrary, supposed to be pertnissive. But where either mortgager or mortgagee has been in possession for the statutory time, -without any interest being paid or account rendered, and without any acknowledg ment of or reference to the rights of the other, the right of the mortgager to redeem or of the mortgagee to foreclose will generally, in the absence of fraud, be barred. The limitation to most personal actions is s.ix years, so that an adverse possession of personal property for six years creates a good title. In the case of slander for words actionable
without proof of special damage, the statutory limitation is two years. The statute in all cases begins to run from the time the action accrues; which is, in contracts, upon breach of the same; in trover, the time of the tortious conversion, etc. On a promis sory note, the statute begins to run at the expiration of the days of grace if grace be allowed, or on sight, notice, demand, or so many days after, according to the terms of the note. But on a note payable so many days from demand, etc., the deinand, etc., niust be made within six years. An action begins upon the reception of the writ by the sheriff or deputy, and if the service of the writ be deficient through such officer's fault, or any inevitable accident, an additional time of a year or thereabouts is generally allowed by statute to the plaintiff to bring his action again. In libel and assault and, as has been seen, in slander, the period of limitation is fixed at two years. In many of the United States this latter limit is fixed also for actions against executors and adminis Ttrators, though in general equity exempts trust, from the operation of the statute. A. -new promise to pay a debt takes it out of the statute, but such a promise will not prevent the application of the statute to the interest on the principal of such debt.