TITLE 5

PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD

CHAPTER 2

LIMITATION OF ACTIONS

5-213.  Persons under disabilities — Recovery of real property. If a person entitled to commence an action for the recovery of real property, or for the recovery of the possession thereof, or to make any entry or defense founded on the title to real property, or to rents or services out of the same, be at the time such title first descends or accrues, either:

1.  Within the age of majority; or,

2.  Insane; or,

3.  Imprisoned on a criminal charge, or in execution, upon conviction of a criminal offense, for a term less than for life; or,

4.  A married woman, and her husband be a necessary party with her in commencing such action or making such entry or defense.

The term during which such disability continues is not deemed any portion of the time in this title limited for the commencement of such action or the making of such entry or defense, but such action may be commenced, or entry or defense made, within the period of twenty (20) years after such 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 defense made after that period.

History:

[(5-213) C.C.P. 1881, sec. 153; R.S., R.C., & C.L., sec. 4046; C.S., sec. 6606; I.C.A., sec. 5-213; am. 2006, ch. 158, sec. 7, p. 476.]