[*511] *In North Carolina, no person can enter or make a claim to any real property but within seven years next after his right first accrues; provided, if at such time the person entitled to any entry or claim of lands, was within the age of twenty-one years, feme covert, non compos mentis, imprisoned, or beyond the seas, such person may make an entry or commence an action within three years next after the removal of such disability of infancy, coverture, unsoundness of mind, or imprisonment; or persons beyond the seas, within eight years after the title of claim becomes due. If a judgment or verdict for the plaintiff is reversed or arrested, he may commence a new action at any time within a year thereafter. The possession of any real property for twentyone years, under color of title, and under known and visible lines or boundaries, is a bar to the State. N. C. Rev. Code, 1854, p. 371, ch. 65, §§ 1, 2.

In Ohio, an action for the recovery of the title, or possession of lands, tenements, or hereditaments, can only be brought within twenty-one years after the cause of such action shall have accrued. But if a person, entitled to such action, be, at the time this right or title first accrues, within the age of twenty-one years, a married woman, insane, or imprisoned, he may bring such action within ten years after such disability is removed. If the action be commenced in due time, and a judgment for the plaintiff be reversed, or if he fail otherwise than upon the merits, and the time limited shall have expired, the plaintiff, or, if he die and the cause of action survive, his representatives may commence a new action within one year after such reversal or failure. Ohio, Rev. Stat. 1854, ch. 87, §§ 9, 10, 22, p. 626; Rev. Stat. 1860, ch. 87, §§ 9, 10, 23.

In Kansas, the provisions are the same as those in Ohio. Kans. Laws, 1859, ch. 25, §§ 16, 17, 30; Gen. Laws, 1862, p. 126, §§ 16, 17-30.

In Pennsylvania, the right of entry into any real estate is barred after the expiration of twenty-one years after the right first accrued, and the right of action to recover lands is barred by the same period. But if any person or persons, having such right or title, are within the age of twenty-one years, feme covert, non compos mentis, or imprisoned, then such person or persons and their heirs may bring their action or make their entry within ten years after the removal of such disability; and in case such person or persons die within the said term of ten years, under such disabilities, the heir or heirs of such person or persons have the same benefit that such person or persons might have had by living until the disabilities ceased; and if any proceeding upon such right or title is abated, the same may be renewed within three years from the time of such abatement. Act 26 March, 1785. In the city and county of Philadelphia, the right of entry and of action is barred after the expiration of forty years after the right first accrued. Acts 1851 and. 1852. Thirty years' possession of land is evidence that the title has been parted with by the commonwealth, as between parties other than the commonwealth; and, as against the commonwealth, twenty-one years' possession perfects a defeasible estate. Act 27 April, 1855. Any ground-rent, annuity, or other charge upon real estate, is presumed to have been extinguished after the lapse of twenty-one years without any payment or other acknowledgment of its existence. Act 27 April, 1855. [*512] By the *act of April 22, 1856, it is provided, that no exception re

specting the limitation of actions in favor of persons under legal disabilities, shall extend, so as to permit any action for the recovery of any lands to be maintained after thirty years from the time the right of entry accrues.

Dig. Penn. Laws, 1857, pp. 538, 539, 1131, 1185.

.

Purd.

In Rhode Island, where any person or persons, or others from whom he or they derive their title, either by themselves, tenants, or lessees, shall have been for the space of twenty years in the uninterrupted, quiet, peaceable, and actual seisin and possession of any lands, tenements, or hereditaments, for and during the said time, claiming the same as his, her, or their proper, sole, and rightful estate in fee-simple, such actual seisin and possession gives a good title to such person or persons, their heirs and assigns forever; and one sueing for the recovery of any such lands, may rely upon such possession as conclusive title thereto; and when pleaded in bar to an action, and duly proved, it is effectual in law for barring the same. These provisions are not to be construed or taken to prejudice the rights and claims of persons under age, non compos mentis, feme covert, or those imprisoned, or those beyond the limits, &c., of the United States, they bringing their suit therefor, within the space of ten years next after such impediment is removed; or to bar any person having any estate in reversion or remainder, expectant or depending, in any lands, tenements, or hereditaments, after the end or determination of the estate for years, life, or lives; such person pursuing his title by due course of law within ten years after his right of action shall accrue. R. I. Rev. Stat. 1857, ch. 148, §§ 2, 3, p. 339.

In South Carolina, the time for the prosecution of a right or title to land is limited to ten years. Persons under age are allowed five years to prosecute a title to land after coming of age, and persons beyond the seas, or out of the limits of the province, feme covert, or imprisoned, are allowed two years to prosecute their right or title after the removal of the disability; and persons non compos, one year after disability removed. S. C. Stat. at Large, Acts of 1712, 1744, 1788, 1824.

In Tennessee, seven years' adverse possession of any lands, tenements, or hereditaments granted by this State or the State of North Carolina, under a conveyance, devise, grant, or other assurance of title purporting to convey an estate in fee, without any claim by action at law or in equity commenced within that time, vests an indefeasible title in fee; and the neglect to sue for such property for seven years after the cause of action accrues, bars the action. No suit for any real property can be had but within seven years after the right accrues, except for such as have been reserved for the use of schools. Possession is not adverse when taken and continued under a title, bond, mortgage, or otherwise in subordination to another's right. If the person entitled to commence an action is, at the time the cause of action accrues, within the age of twenty-one years, or of unsound mind, or a married woman, or beyond the limits of the United States and the territories thereof, such person, or his representatives and privies, may commence the same within three years after the removal of such disability. Upon the reversal or arrest of judgment, the plaintiff, *or those claiming under him, may commence a new action with- [*513] in one year. Tenn. Code, 1858, pp. 531, 532, §§ 2755, 2757, 2763

2768.

In Texas, one who has the right of entry into any real estate, must make entry therein within ten years next after this right shall have accrued, or be forever barred. But if such person be under the age of twenty-one years, a feme covert, or insane, or if forcible occupation of the premises, or county containing them, by a public enemy, prevent entry, the time of such disability is not computed as a part of the period of limitation. Peaceable possession is defined to be such as is continuous, and not interrupted by adverse suit to recover the estate. A suit for the recovery of real estate, as against one in possession under title or color of title, must be instituted within three years next after the cause of action shall have accrued; but in this limitation the duration of disability to sue, from minority, coverture, or insanity, is not computed. The term title is defined to mean a regular chain of transfer from or under the sovereignty of the soil; and color of title is constituted by a consecutive chain of such transfers down to the one in possession, without being regular, as for want of registry or such defect as may not extend to, or include the want of intrinsic fairness and honesty, or when the party in possession shall hold the same by a certificate of head right, land warrant or land script, with a chain of transfers down to him in possession, provided the right of the government shall not be barred. One who shall have had five years' like peaceable possession of real estate, cultivating, using, or enjoying the same, and paying tax thereon, if any, and claiming under a deed or deeds, duly registered, is held to have full title, precluding all claims; but shall not bar the government; and saving to the person or persons having superior right and cause of action, the duration of disability to sue arising from non-age, coverture, or insanity. Ten years of such peaceable possession and cultivation, use or enjoyment, without any evidence of title, gives to such naked possession, full property, preclusive of all other claims in and to six hundred and forty acres of land, including the improvement; yet the right of the government is not barred, and there is a saving to those under disability, as above. Oldham & White, Dig. Tex. Laws, 1859, p. 300.

In regard to the first provision of the act given above, it is held, that it was not intended, as might be supposed from the literal import of the terms, that every owner of real estate must, within ten years from the accrual of his title, make entry upon his lands, or be thereafter debarred of all right therein. Horton v. Crawford, 10 Tex. 382. This section bars the right of entry after ten years from the accrual of the right; but it applies only to cases in which the other party has had no adverse possession. Redding v. Redding, 15 Tex. 249. In Vermont, no action for the recovery of any lands, or for the recovery of the possession thereof, can be maintained, and no entry can be made, unless within fifteen years next after the cause of action first accrued to the person entitled to the right, or those under whom he claims. If, at such time, any person entitled to such action is a minor or a married woman, insane, or im[*514] prisoned, the *action may be brought within the time limited, after the

disability is removed. The same period of limitation applies to the State. Vt. Comp. Stat. 1850, ch. 61; Vt. Gen. Stat. 1863, ch. 63, §§ 1-3. In Virginia, an entry on, or an action to recover any land, must be within fifteen years next after the time at which the right first accrues. No continual

or other claim preserves any right of making an entry, or of bringing an action. If the person entitled to such entry or action was, at the time the right first accrued, an infant, married woman, or insane, such person, or any other claiming through him, may make an entry or bring an action within ten years after the removal of the disability, or the death of such person under disability, provided the term of limitation be in no case extended beyond thirty years after the right first accrued. In case of the death of a person under disability, no further period beyond ten years is allowed by reason of any disability of any other person. If the suit is abated, or judgment is arrested or reversed, on a ground not affecting the right to recover, a new suit may be brought within one year. Va. Code, 1849, ch. 149, §§ 1-4, 18.

2. Of private act of parliament and king's grant.

3. Public grant as a source of title.

4. Of the aboriginal title to American lands.

5. No title in the Aborigines but to occupation.

6. Sovereignty and general property acquired by discovery.

7. Of grants by the crown to companies and proprietaries.

8. Jurisdiction over and disposal of lands by grantees of the crown.

9. Of lands lying outside of proprietaries under the crown.

10. United States government successors of the British government.

11. Mode of granting and disposing of public lands.

12. Nature and mode of issuing patents of lands.

13. Of the fee in public unsold lands.

14. Indian occupancy affecting grants of the fee.

15. Indian grant of lands north-west the Ohio.

16. Of control of United States in conveying lands in States and territories.

17. How far States may control the title of lands of the United States.

18. Of sovereignty and title in respect to newly-acquired territories.

19. The property in mines in the State of California.

20. The State of New York a successor to the crown as to public lands.

21. Of title to lands ceded by Virginia to the United States.

22. Sovereignty and title in the proprietary of Pennsylvania. 23. Of manorial grants in New York.

24. Doubtful grants construed in favor of the State.