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years before any action or other proceeding, for the same shall be 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.
$ 76. No action shall be brought for, or in respect to, real property, by any person claiming by virtue of 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 or grant had not been issued or made.
$ 77. When letters patent or grants of real property shall have been issued or made by the people of this state, and the same shall be declared void by the determination of a competent court, rendered upon an allegation of a fraudulent suggestion, or concealment, or 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 premises so conveyed, may be brought either by the people of this state, or by any subsequent patentee or grantee of the same premises, his heirs or assigns, within twenty years after such determination was made ; but not after that period.
$ 78. No action for the recovery of real property, or for the recovery of the possession thereof, shall be maintained unless it appear that the plaintiff, his ancestor, predecessor or grantor, was seised or possessed of the premises in question, within twenty years before the commencement of such action.
$ 79. No cause of action or defence to an action
founded upon the title to real property, or to rents or services out of the same, shall 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 premises in question, within twenty years before the committing of the act in respect to which such action is prosecuted or defence made.
$ 80. No entry upon real estate shall be deemed sufficient, or valid as a claim, unless an action be commenced thereupon within one year after the inaking of such entry, and within twenty years from the time when the right to make such entry, descended or accrued.
$ 81. In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the premises, shall be presumed to have been possessed thereof within the time required by law; and the occupation of such premises by any other person, shall be deemed to have been under and in subordination to the legal title, unless it appear that such premises have been held and possessed adversely to such legal title, for twenty years before the commencement of such action.
$ 82. Whenever it shall appear that the occupant, or those under whom he claims, entered into the possession of premises under claim of title, exclusive of any other right, founding such claim upon a written instrument, as being a conveyance of the premises in question, or upon the decree or judgment of a competent court; and that there has been a continued occupation and possession of the premises included in such instrument, decree or judgment, or of some part of such premises, under such claim, for twenty years, the premises so included shall be deemed to have been held adversely, except that where the premises so included consist of a tract divided into lots, the possession of one lot shall not be deemed a possession of any other lot of the same tract.
$ 83. For the purpose of constituting an adverse possession, by any person claiming a title founded upon a written instrument, or a judgment or decree, land shall be deemed to have been possessed and occupied in the following cases :
1. Where it has been usually cultivated or improved ;
2. Where it has been protected by a substantial inclosure;
3. Where, although not inclosed, it has been used for the supply of fuel, or of fencing timber, for the purposes of husbandry, or the ordinary use of the occupant ;
4. Where a known farm or a single lot has been partly improved, the portion of such farm or lot that may have been left not cleared, or not inclosed according to the usual course and custom of the adjoining country, shall be deemed to have been occupied for the same length of time as the part improved and cultivated.
$ 84. Where it shall appear that there has been an actual continued occupation of premises, under a claim of title, exclusive of any other right, but not founded upon a written instrument, or a judgment or decree, the
premises so actually occupied and no other, shall be deemed to have been held adversely.
$ 85. For the purpose of constituting an adverse possession, by a person claiming title not founded upon a written instrument, or a judgment or decree, land shall be deemed to have been possessed and occupied in the following cases only :
1. Where it has been protected by a substantial inclosure;
2. Where it has been usually cultivated or improved.
$ 86. Whenever the relation of landlord and tenant shall have existed between any persons, the possession of the tenant shall be deemed the possession of the landlord, until the expiration of twenty years from the terinination of the tenancy; or, where there has been no written lease, until the expiration of twenty years from the time of the last payment of rent; notwithstanding that such tenant may have acquired another title, or may have claimed to hold adversely to his landlord. But such presumptions shall not be made after the periods herein limited.
$ 87. 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.
$ 88. If a person entitled to commence any action for the recovery of real property, or to make an entry or defence founded on the title to real property, or to rents or services out of the same, be at the time such tide shall first descend or accrue 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 a criminal offence, for a term less than for life, or,
4. A married woman; The time, during which such disability shall continue, shall not be deemed any portion of the time in this chapter limited for the commencement of such action, or the making of such entry or defence ; but such action may be commenced, or entry or defence made, after the period of twenty years, and within ten years after the disability shall cease, or after the death of the person entitled who shall die under such disability: but such action shall not be commenced, or entry or defence made after that period.
$ 89. The periods prescribed in section 74 for the commencement of actions other than for the recovery of real property, shall be as follows:
$ 90. Within twenty 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 sealed instrument.
§ 91. Within six years:
1. An action upon a contract, obligation or liability, express or implied ; excepting those mentioned in section
90. 2. An action upon a liability created by statute, other than a penalty or forfeiture.
3. An action for trespass upon real property.