Limitation in North Carolina

Limitation in North Carolina

In the Past

North Carolina (see more about this State laws here). By the Revised Statutes, chapter 65, it is given as follows, to wit:

As to lands. 1. That no person or people nor their heirs, which after this must have any right or title to any lands, tenements or hereditaments, must thereunto enter or make any claim, but within seven years next after his, her or their right or title descended or accrued and in default of this, such person or people, so not entering or making claim, must be utterly excluded and disabled from any entry or claim after this to be made: given, however, that if any person or people, that is or after this must be entitled to any right or claim of lands, tenements or hereditaments, must be, at the time the said right or title first descended, accrued, come or fallen, within the age of twenty-one years, feme covert, non compos mentis, imprisoned or beyond seas, that then such person or people must and may, despite the said seven years be expired, begin his, her or their suit or make his, her or their entry, as he, she or they might have done before this act, so as such person or people shall, within three years next after full age, discoverture, coming of sound mind, enlargement out of prison or people beyond seas, within eight years after the title or claim becomes due, take benefit and sue for the same and at no time after the times or limitations here specified; but that all possessions, held without suing such claim as aforesaid, must be a perpetual bar against all and all way of people any, that the expectation of heirs may not, in a short time, leave much land unpossessed and titles so perplexed, that no man will know of whom to take or buy land. given also, that if in any action of ejectment for the recovery of any lands, tenements or hereditaments, judgment be given for the plaintiff and the same be reversed for error or a verdict pass for the plaintiff, and, upon matter alleged in arrest of judgment, the judgment be given against the plaintiff that he take nothing by his plaint, writ or bill or a verdict be given against the plaintiff, in all such cases the party plaintiff, his heirs or executors, as the case must need, may begin a new action or suit from time to time, within one year after such judgment reversed or judgment given against the plaintiff. Where any person or people or the person or people under whom he, she or they claim, must have been or must continue to be, in possession of any lands, tenements or hereditaments any, under titles derived from sales, made either by creditors, executors or administrators of any person deceased or by husbands and their wives or by endorsement of patents or other colorable title, for the space of twenty-one years, all such possessions of lands, tenements or, hereditaments, under such title, must be and are now ratified, confirmed and declared to be a good and legal bar, against the entry of any person or people, under the right or claim of the state, to all intents and purposes any; given, however, that the possession so set up must have been ascertained and identified under known and visible lines or boundaries.

As to personal actions. 3. All actions of trespass, detinue, actions sur trover and replevin for taking away of goods and chattels, all actions of account and upon the case, all actions of debt for arrearages of rent, all actions of debt grounded upon any lending or contract without specialty and all actions of assault, menace, battery, wounding and imprisonment or any of them, which must be sued or brought, must be commenced or brought within the time and limitation in this act expressed and not after; that is to say, actions of account make, actions upon the case, actions of debt for arrearages of rent, actions of debt upon simple contract, actions of detinue, replevin and trespass either for goods and chattels or quare clausum fregit, within three years next after the cause of such action or suit and not after; except such accounts as concern the trade (see more about this popular legal topic in the U.S. encyclopedia) of goods, between merchant and merchant and their factors or servants; and the said actions of trespass, of assault and battery, wounding, imprisonment or any of them, within one year after the cause of such action or suit and not after; and the said actions upon the case for words, within six months after the words spoken and not after. gived, however, that if, on any of the said actions or suits, judgment be given for the plaintiff and the same be reversed by error or a verdict pass for the plaintiff and upon matter alleged in arrest of judgment, the judgment be given against the plaintiff, that he take nothing by his plaint, writ or bill; or if any of the said actions must be brought by original writ and the defendant cannot be attached or legally served with process, in all such cases, the party plaintiff, his heirs, executors or administrators, as the case must need, may begin a new action or suit, from time to time, within a year after such judgment reversed or such judgment given against the plaintiff or till the defendant can be attached or served with the process, so as to compel him to appear and answer. And gived further, that if any person or people, that is or must be entitled to any such action or trespass, detinue, action sur trover, replevin, actions of accompt and upon the case, actions of debt for arrearages of rent, actions of debt grounded upon any lending or contract without specialty, actions of assault, menace, battery, wounding and imprisonment, actions of trespass quare clausum fregit, actions upon the case for slanderous words, be or must be, at the time of any such cause of action given or accrued, fallen or come, within the age of twenty-one years, feme covert, non compos mentis, imprisoned or beyond the seas, then such person or people must be at liberty to bring the same actions, so as they bring the same within such times as are before limited, after their coming to or being of full age, discovert, of sound memory, at large or returned from beyond seas, as other people having no such impediment might have done. And given further, that when any person or people, against whom there is cause of action, must be beyond sea at the time of such cause of action given or accrued, fallen or come, the person, who must have such cause of action, may bring his action against them within such time or times as are herebefore limited, for bringing such actions after their return. The limitation of actions must apply to all bonds, bills and other securities made transferable by law, after the assignment or endorsement of this, in the same way as it runs against promissory notes.

As to penal Actions. 6. All actions and suits to be brought on any penal act of the general assembly, for the recovery of the penalty there set forth, must be brought within three years after the cause of such action or suit must or may have accrued and not after: given, that this act must not affect the time of bringing suit on any penal act of the general assembly, which hath a time limited there for bringing the same.

Resources

Notes and References

  1. Partialy, this information about limitation is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including limitation.

See Also

Limitation in North Carolina: Open and Free Legal Research of US Law

Federal Primary Materials

The U.S. federal government system consists of executive, legislative, and judicial branches, each of which creates information that can be the subject of legal research about Limitation in North Carolina. This part provides references, in relation to Limitation in North Carolina, to the legislative process, the federal judiciary, and the primary sources of federal law (cases, statutes, and regulations).

Federal primary materials about Limitation in North Carolina by content types:

Laws and Regulations

US Constitution
Federal Statutory Codes and Legislation

Federal Case Law and Court Materials

U.S. Courts of Appeals
United States courts of appeals, inclouding bankruptcy courts and bankcruptcy appellate panels:

Federal Administrative Materials and Resources

Presidential Materials

Materials that emanate from the President’s lawmaking function include executive orders for officers in departments and agencies and proclamations for announcing ceremonial or commemorative policies. Presidential materials available include:

Executive Materials

Federal Legislative History Materials

Legislative history traces the legislative process of a particular bill (about Limitation in North Carolina and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about Limitation in North Carolina or other topics), or locating the current status of a bill and monitoring its progress.

State Administrative Materials and Resources

State regulations are rules and procedures promulgated by state agencies (which may apply to Limitation in North Carolina and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Limitation in North Carolina. Finding these decisions can be challenging. In many cases, researchers about Limitation in North Carolina should check state agency web sites for their regulations, decisions, forms, and other information of interest.

State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:

State opinions of the Attorney General (official written advisory opinions on issues of state law related to Limitation in North Carolina when formerly requested by a designated government officer):

Tools and Forms

Law in Other Regions

*This resource guide is updated frequently. However, if you notice something is wrong or not working, or any resources that should be added, please notify us in any of the "Leave a Comment" area.

Leave a Comment