Page:1862 Territory of Dakota Session Laws.pdf/67

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CIVIL PROCEDURE.
[CHAP. VIII.


TITLE I.

FORM OF CIVIL ACTIONS.

Form of action.Sect. 3. There shall be but one form of action, which shall be called a civil action.

Parties, how known.Sect. 4. In such action, the party complaining shall be known as the plaintiff, and the adverse party as the defendant.

No feigned issues. Ouestion of fact, how tried.Sect. 5. There can be no feigned issues; 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.

TITLE II.

TIME OF COMMENCING CIVIL ACTIONS.

Chapter I. Actions for the Recovery of Real Property.—II. Actions other than for the Recovery of Real Property.—III. General Provisions.


CHAPTER I.—Actions for the Recovery of Real Property.

Actions for recovery of title brought within 21 years.Sect. 6. An action for the recovery of the title, or the possession of lands, tenements, or hereditaments, can only be brought within twenty-one years after the cause of such action shall have accrued.

If person is under age, married woman, insane, &c., when action to be brought.Sect. 7. If a person, entitled to commence any action for the recovery of the title or possession of any lands, tenements, or hereditaments, be, at the time his right or title shall first descend, or accrue, within the age of twenty-one years, a married woman, insane, or imprisoned, every such person may, after the expiration of twenty-one years from the time his right or title first descended, or accrued, bring such action within ten years after such disability is removed, and at no time thereafter.

Action for forcible entry and detention, when brought.Sect. 8. An action for the forcible entry and detention, or forcible detention only, of real property, can only be brought within two years after the cause of such action shall have accrued.