party, or the court may allow the person to whom the Substitution transfer is made to be substituted in the action or proceeding. of parties. Substitution SEC. 23. A defendant against whom an action is pending upon a contract, or for specific, real, or personal property, may at any time before answer, upon affidavit that a person not a party to the action, and without collusion with him, makes against him a demand for the same debt or property, upon due notice to such person by defendant and the adverse party, apply to the court for an order to substitute such person in his place, and discharge him from liability to either party, on his depositing in court the amount of the debt, or delivering the property or its value to such person as the court may direct; and the court may, in its discretion, make the order. of another defendant. Person hav ing an inter est in suit may inter vene. SEC. 24. Any person may, before the trial, intervene in an action or proceeding, who has an interest in the matter of litigation in the success of either of the parties, or an interest against both. An intervention takes place when a third person is permitted to become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or by demanding anything adversely to both the plaintiff and defendant, and inter is made by complaint, setting forth the grounds upon which the intervention rests, filed by leave of the court, and served upon the parties to the action or proceedings who have not appeared, and upon the attorneys of the parties who have appeared, who may answer or demur to it as if it were an original complaint. How vention may be had. Of judgments against a copartnership or association under a common name where one or more is serv ed. the SEC. 25. Where two or more persons associated in same business transact such business under a common name, whether it comprise the names of such persons or not, the associates may be sued by such common name, the summons in such cases being served on one or more of the associates; and the judgment in the action shall bind the joint property of all the associates in the same manner as if all had been named defendants, and had been sued upon their joint liability. Powers of SEC. 26. The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their courts as to rights; but when a complete determination of the controversy cannot be had without the presence of other parties, the court shall order them to be brought in. SEC. 27. When, in a civil action, a person not a party thereto, but having an interest in the subject thereof, makes application to the court to be made a party, it may order him to be brought in, and upon due service upon the adverse party of his complaint, or answer, the same proceedings shall be had as if he had been an original party to the action. TITLE III. CHAPTER I.-Of the Time of Commencing Actions. SEC. 28. Civil actions can only be commenced within the periods prescribed in this title, after the cause of action shall have accrued, except where, in special cases, a different limitation is prescribed by statute. CHAPTER II. controversy between par ties. Right of per son not a parplead. ty to inter for the recovery of real property. SEC. 29. No action for the recovery of real property or for the recovery of the possession thereof, can be Limitation maintained unless it appear that the plaintiff, his ancestor, predecessor, or grantor was seized or possessed of the property in question within five years before the commencement of the action. appear Limitation for recovery SEC. 30. No cause of action or defense to an action, arising out of the title to real property, or to rents or profits out of the same, can be effectual unless it that the person prosecuting the action, or making the of an interest defense, or under whose title the action is prosecuted, or the defense is made, or the ancestor, predecessor, or grantor of such person, was seized or possessed of the in real prop erty. When entry upon real estate deemed sufficient. premises in question within five years before the commencement of the act in respect to which such action is prosecuted or defense made. SEC. 31. No entry upon real estate is deemed sufficient or valid, as a claim, unless an action be commenced thereupon within one year after making such entry, and within five years from the right to make it descended or accrued. SEC. 32. In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the property is presumed to have been possessed thereof within the time required by law, and Presumption, the occupation of the property by any other person is when legal title estab- deemed to have been under and in subordination to the legal title, unless it appear that the property has been held and possessed adversely to such legal title for five years before the commencement of the action. lished. As to adverse possession founded on a written in strument, de cree, or judg ment. SEC. 33. When it appears that the occupant, or those under whom he claims, entered into the possession of the property under claim of title, exclusive of other right, founding such claim upon a written instrument as being a conveyance of the property in question, or upon the decree or judgment of a competent court, and that there had been a continued occupation and possession of the property included in such instrument, decree or, judgment, or of some part of the property under such claim, for five years, the property so included is deemed to have been held adversely, except that, when it consists of a tract divided into lots, the possession of one lot is not deemed a possession of any other lot of the same tract. SEC. 34. For the purpose of constituting adverse possession by any person claiming a title founded upon a tutes adverse written instrument, or a judgment or decree, land is founded on a deemed to have been possessed and occupied in the fol What consti possession when title written in strument, lowing cases: judgment, or decree. First. Where it has been usually cultivated or improved. Second. Where it has been protected by a substantial enclosure. Third. Where, although not enclosed, it has been used for the supply of fuel, or of fencing timber for the purposes of husbandry, or for pasturage, or for the ordinary use of the occupant. Fourth. Where a known farm or single lot has been partly improved, the portion of such farm or lot that may have been left not cleared, or not enclosed, according to the usual course and custom of the adjoining country, shall be deemed to have been occupied for the same length of time as the part improved and cultivated. As to adverse possession by occupancy SEC. 35. Where it appears that there has been an actual continued occupation of land, under a claim of title exclusive of any other right, but not founded upon a written instrument, judgment, or decree, the land only. so actually occupied, and no other, is deemed to have been held adversely. SEC. 36. For the purpose of constituting an adverse possession by a person claiming title not founded upon a written instrument, judgment, or decree, land is deemed to have been possessed and occupied in the following cases only: What consti tutes adverse possession when title not founded on a written instrument, de First. Where it has been protected by a substantial cree, or judg enclosure. Second. Where it has been usually cultivated or improved. SEC. 37. When the relation of landlord and tenant has existed between any persons the possession of the tenant is deemed the possession of the landlord until the the expiration of five years from the termination of the tenancy, or where there has been no written lease, until the expiration of five years from the time of the last payment of rent, notwithstanding that such tenant may have acquired another title, or may have claimed to hold adversely to his landlord; but such presumptions cannot be made after the periods herein limited. ment. Extent that possession of tenant is deemed posthe landlord session of as between tenant and landlord. Right of post session impaired by death of party in possession. Time during which certain disabilities continue not to be counted as portion of limitation. SEC. 38. The right of a person to the possession of real property is not impaired or affected by a descent cast in consequence of the death of a person in possession of such property. SEC. 39. If a person entitled to commence an action for the recovery of real property, or for the recovery of 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 descends or accrues, either, first, within the age of majority; or, second, insane; or, third, imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than for life; or, fourth, a married woman, and her husband be a necessary party with her in commencing such action or making such entry or defense-the time during which such disability continues is not deemed any portion of the time in this chapter 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 five 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. SEC. 40. No action for the recovery of mining claims (lode claims excepted), or for the recovery of possession thereof, shall be maintaiued, unless it appear that the to the right plaintiff or his assigns was seized or possessed of such mining claims within one year before the commencement Limitation as of recovery of mining claims. an action on of such action. CHAPTER III. Of the Time of Commencing Actions of SEC. 41. Actions other than those for the recovery Limitation in real property, as follows: 1, an action upon a judgment or decree of any court of the United States, or of state or territory within the United States, shall be com a decree or judgment. any |