The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-06


where the docket or record of such
Judgment is or shall have been LOST or
destroyed.
SEQ. 95. Feigned issues are abolished; ;
and instead thereof, in the cases where
the power now exists to order feigned
issue, or when n question of fact, not
put in issue by the plcadings, is to be
tried by jury, IN order for the trial
may be made, stating distinctly and
plainly the question of fact to be tried
and such order shall be the only authority
necessary for trial.
TITLE II.
TINE OF COMMENCING CIVIL ACTIONS.
CHAPTER I. Actions generally.
CHAP. Ii. For the recovery of real
property.
CHAP. III. Other than for the recovery
of real property.
CHAP. ~. General provisions.
CHAPTER I.
SECTION SO. Repeal of existing limita-
tions.
Sec. 81. Time for commencing actions.
etc.
Sec. 96. The provisions of this Title
shall not extend to actions already com.
menced, or to cases where the right of
action has already accrued; but the sta
tutes now in force shall be applicable to
such cases, according TO the subject of
the action, without regard to the form.
Sec. 81. Civil action can only be com
menced within the periods prescribed in
this title, after the cause of action shall
have accrued, except where, in special
cases, different limitation is prescribed
by statute, and in the cases mentioned II.
Section ninety-six.
But the objection that the action was
not commenced within the time limited
can only be taken by answer.
CHAPTER II.
SEC. 9S. When the State will not sue.
SEC. SO. When action cannot be brought
by grantee from the State.
SEC. 100. When action by the State or
their grantees to be brought within
twenty years.
Sec. lOl. Seizin within twenty years,
when necessary.
SEC. lO2. Seizin within twenty years,
when necessary in action or defence
founded OH title, &c.
SEC. 103. Action after entry, or right
of entry.
SEC. 1Ol. Possession when presumed.
Occupation when deemed under legal
title.
Sec. los. Occupation unt,er written in .
strnmcnt, &C.
SEC. LOG. Adverse possession under
written instruction, &c.
SEC. 107. Premises actually occupied,
held adversely.
SEC. los. Adverse possession under
claim OF title not written.
SEC. 100. Relation of landlord and
tenant, as affecting adverse possession
SEC. ITO. Descent casc-El1iect of.
SEC. Ill. Persons under disability.
SEC. 96. The State will not sue any
person for or in respect to any real pro
perty, or the issues or profits thereof, by
reason of the right or title of the State
to the same, unless:
l. Such right or title shall have ac-
crued within forty years before any action
or other proceeding for the same shall be
commenced; or unless,
2. The State or those from whom it
claims shall have received the rents and
profits of such real property. or Of some
part thereof, within the spnce Of forty
years.
SEC 90. No action shall be brought
Tor, or III respect to, real property, by
any person claiming by virtue of letters
pawn ~ 6ihuIS iIOtu Cuo StnCc, unless
the same might have been commenced
by tho Stnte as herein specified, in case
such patent or grant has not been issued
or made.
Sec. 100. When letters patent or grants
of real property, shall have been issued
or made by the State. and the same shall
be declared void by the determination OF
a competent court, rendered upon an
allegation of fraudulent suggestion or
conccalment, or forfeiture, or mistake,
or ignorance Of material fact, or wrong.
full detaining or defective title, in such
case nm action for the recovery of the
premises SO conveyed mny be brought
either by the 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.
SEC. 1O1. No action for the recovery oj
real property. or for the recovery of the
possession thereof, shall be maintained
unless it appear that the Plaintiff, his
ancestors. predecessor or grantor was
seized or possessed of the premises
in question within twenty years before
the commencement of such action.