Martindale's UnClaimed Money, Lands and Estates Manual. CHAPTER II - LIMITATION LAWS --- UNITED STATES. ************************************************************************** USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file contributed by Tina S. Vickery, *************************************************************************** Devoted to the Interests of all who are in search of Unclaimed Money, Lands or Estates---Next of Kin---Heirs at Law---Legatees, Etc. Etc. Etc. by J. B. Martindale Attorney and Counselor at Law. [Author of "Martindale's United States Law Directory," "The Commercial and Legal Gude," and late Editor of the "American Law Magazine."] Chicago: J. B. Martindale. Entered according to Act of Congress, in the year 1884, by J. B. Martindale, in the office of the Librarian of Congress, at Washington D. C. Press of Ottaway Printing Co., Chicago. pages 14-20 CHAPTER II - LIMITATION LAWS --- UNITED STATES. The following brief synopsis of the Statutes of Limitation of the several States is not sufficiently full to be of practical use to attorneys, but will serve to give a general idea of the law to those who may be interested. : ALABAMA - Suits on judgments of courts of any State or Territory, or of the United States, twenty years. Suits on sealed contracts, and for bonds or any interest. therein, ten years. Suits for trespass, trover or detinue, on simple contracts, stated or liquidated accounts, and for use and occupation of land, six years. Suits on unliquidated accounts, three years. ARIZONA - Open account or contract not in writing, two years; contract in writing, four years; real actions, adverse possession, five years. ARKANSAS - Open accounts, three years, promissory notes and written instruments, five years; judgments and decrees, ten years; for recovery of real estate, seven years. CALIFORNIA - For a demand or obligation, in writing or not, created at of the State, two years; open account or verbal contract two years ; written contract or obligation executed in the State, four years; real actions, or on judgments or decrees of any court, five years. CONNECTICUT - Actions upon instruments under seal, and promissory notes not negotiable, must be brought within seventeen years after the right of action accrues. Upon negotiable notes, book accounts, debt ad simple contract, within six years. COLORADO - Actions on contracts, upon judgments of Court not of record for writ, for waste and trespass, for taking personal property, must be begun within six years; most other actions within three years. DAKOTA - On judgments or sealed instruments, twenty years; on contract, obligation or liability expressed or implied, except as above; liability created by statute other than penalty or forfeiture for trespass on real property; taking, detaining or injuring goods or chattels; for the specific recovery of personal property, criminal conversation, or other injury to the person, or rights of another not arising on contract, and for relief on grounds of fraud, six years; action against Sheriff, Coroner or Constable, except in case of escape, on statute for a penalty or forfeiture, three years; action for libel, slander, assault, battery, or false imprisonment, upon a statute for a forfeiture or penalty to the people of the territory, two years; action against Sheriff or other officer for escape of prisoners, one year. DELAWARE - The following causes of action are barred after three years: Trespass, replevin, detinue, account, debt not on an instrument, signed by the party, assumpsit and case. Promissory notes, bills of exchanges and writings, obligatory after six years. Married women, infants, and, persons non compos mentis, may sue within three years after the disability is removed; and absent debtors may be sued within three years after their return; and if a debtor remove after the cause of action has accrued', the time of his absence is not computed. DISTRICT OF COLUMBIA - Actions of account or simple contract, note, or book account, detinue, replevin and trespass must be brought within three years; on specialties, within twelve years, subject to usual qualifications and exceptions. Part payment or new promise operates as a revivor of the debt. GEORGIA - Suits must be brought as follows, after right of action accrues: On foreign judgments, five years; for enforcements of rights accruing to individuals under statutes, acts of incorporations, or by operation of law, twenty years; upon promissory notes, bills of exchange, and other simple contracts in writing, six years; upon open accounts, four years; upon instruments under seal, twenty years- Domestic judgments, become dormant in seven years from the time of their rendition, or when execution has been issued, and seven years have expired from the time of their redition, or when execution has been issued, and seven years have expired from the time of the last entry upon such execution, made by an officer authorized to execute and return the same. Such judgments may be revived by fieri fiacais, or be sued on, within three years from the time they become dormant. ILLINOIS - Personal actions, on unwritten contracts, express or implied, five years; actions on bonds, notes, etc., ten years; judgments lien on real property for seven years, if execution is issued within one year; may be revived by sci. fa. ; or action of debt may be brought thereon at any time within twenty years. INDIANA-Open accounts and contracts not in writing, six years; actions not limited by statute, fifteen years; written contracts, other than those for the payment of money, judgments of Courts of Record and real actions, twenty years. On a mutual current account, the time runs from the date of the last item on either side; contracts for the payment of money, ten years. IOWA - Actions for injuries to person or reputation, or to recover a statutory penalty, must be brought within two years; to enforce a mechanic's lien, two years; on unwritten contracts, five years: on written contracts, ten years; on judgments of Courts of Record, twenty years; to recover real estate, ten years. The time, during which defendant is a non-resident of the State of Iowa, not computed, but a suit that has been fully barred by the laws of another State, prior to the defendant coming to, or being found in this State, cannot be maintained, except where the cause of action arose in this State. Revivor :- Admission of debt or now promise to pay, which must be in writing. KANSAS - To recover real property sold on execution, five years after record of deed; to recover real property, sold by executors, etc., five years ; real property sold for taxes, two yeas from date of recording tax deed; other actions for recovery of real property, fifteen years; forcible entry and detainer, two years; persons under legal disability, when cause of action accrues, may bring action two years after disability is removed; contract not in writing, or liability created by statute, except a forfeiture or penalty, three years; trespass on real property; taking or injuring personal property, or recovery of personal property; injury to rights of another, not on contract; relief on the ground of fraud, two years; other actions, except quasi criminal, five years. KENTUCKY - Promissory notes (not placed on the footing of bills of exchange), are barred after fifteen years as to principals, and after seven years as to sureties; merchants' accounts against merchants are barred after five years; merchants' accounts against other patrons are barred after two years next succeeding the first day of January after the account is made. Actions on bills of exchange, promissory notes, placed on the footing of bills of exchange, checks, drafts and orders, and endorsements thereof, are barred after five years, after cause of action arose. A new promise to pay the debt before it is entirely barred, takes away the benefit of the statute of limitation up to the date of the promise. LOUISIANA - Open accounts, three years; notes and bills, five years; acknowledgments or closed accounts, judgments, personal obligations and mortgages, ten years. Judgments can be revived every ten years and thus perpetuated. When prescription has once accrued, a waiver must be in writing to be effective. MAINE - Debt contracts and liabilities, express or implied, not under seal, six years; special action on the case, two years; all other actions, twenty years. MARYLAND-Notes and accounts are barred after three years. Sealed instruments and judgments after twelve years. MASSACHUSETTS - Contracts or liabilities not under seal, express or implied, six years; real actions upon an attested note, and personal actions on contracts not otherwise limited, twenty years. MICHIGAN-The following actions are required to be brought within six years next after the cause of action shall accrue: First, all actions of debt, founded upon any contract or liability not under seal, except such as are brought upon the judgment or decree of some Court of Record of the United States, or of this or some other of the United States; second, all actions upon judgments rendered in Courts not of record; third, actions for rent; fourth, all actions of assumpsit, or upon the case founded upon any contract, express or implied; fifth, all actions for waste; also actions of replevin, trover and other actions f or taking, detaining, or Injuring goods; also all other actions on the case, except those for slander or libel, which must be brought within two years after the action accrues; all actions for a trespass on lands, an assault or for false imprisonment, two years; actions against Sheriffs for the acts of deputies, three years; in actions brought to recover the balance due upon a mutual and open account current to the cause of action, shall be deemed to have accrued at the time of the last item proved in such account; actions on judgments and decrees of Courts of Record, and on contracts not otherwise limited, must be brought within two years. Part payment or promise in writing will revive a debt, barred by the statute of limitations. MINNESOTA - Actions concerning real property, twenty years; to foreclose mortgage by advertisement, fifteen years; by action, ten years; on judgments and decrees, ten years; contracts, express or implied, six years; revival must be in writing, or by part payment. If cause accrued and is barred in another State; it can be sustained here only in favor of a citizen who has hold it from beginning. If defendant is absent when cause accrues statute does not begin to run till his return, and when he departs after it accrues, period of absence is deducted. MISSISSIPPI - Real actions, ten years; mortgages ten years after possession taken; mortgage debt is barred when action upon writing secured is barred; remedy in equity is barred when that at law shall be barred; land, ten years adverse possession, saving to infants and lunatics the right to sue within ten years after removal of disability; actions for which no other period is prescribed, six years after cause of action accrues; open and stated accounts not acknowledged in writing, and unwritten contracts, three years; penalties and forfeitures under penal statutes, one year; domestic judgments and decrees, seven years; foreign judgments, seven years; but if, judgment debtor is a resident of this State, three years ; executor or administrator, four years after qualification. Infants and lunatics may sue within prescribed time after disability is removed; statute does not run against absentees from the State during period of absence, nor against any concealed fraud. Lien of judgments, seven years. Actions barred in State where debt accrued, and where defendant resided, are barred here. MISSOURI - Two years: - Actions in ejectment and all actions on written contracts or instruments. Five years :- All actions on contracts not in writing, actions upon open accounts, actions for trespass on real estate, actions for damages to the person, and actions for damages for injury to personal property or for the possession thereof. Three years: Actions against Sheriffs and other officers on official bonds. Two years: Actions for libel, slander, assault, battery, false imprisonment or crim. con. It is doubtful whether or not judgments are barred in ten years. At all events, they will be presumed to be paid in twenty, and perhaps, in ten years. MONTANA - Upon contract or account not in writing, three years; contracts, obligations, etc., in writing; judgments and decrees of Courts, or acknowledgment in writing, six years. No limitation against banks, trust or loan companies, or Savings Banks. -Upon mutual or current accounts, date from last item. Party out of Territory or injunction suspends statute. Part payment, principal and interest, on bills, notes or instrument of writing, or a written promise or written acknowledgment of contract or account not in writing, will revive a barred right. NEBRASKA -Within five years an action upon a specialty, agreement, contract, promise in writing or foreign judgment. Within four years, an action upon a contract not in writing, expressed or implied, an action upon a liability created by statute other than a forfeiture or penalty; also for an injury to the rights of the plaintiff not arising on contract. All actions or causes of action barred by the laws of any other State shall be deemed barred under the laws of this State. NEVADA -Within six years:- An action upon a judgment or decree or liability founded upon an instrument in writing. Within four years: An action on an open account, or upon a contract not founded upon an instrument in writing. NEW HAMPSHIRE - Notes and accounts, six years from last promise; notes secured by mortgage, real actions and judgments, twenty years; against estate of deceased person, three years, and demand within two years of appointment of administrator of estate settled as insolvent claim, must be presented to Commissioner within six months. Debts outlawed in other States are revived for six years by debtor moving here. NEW JERSEY - Debt not founded on specialty and all actions of account, six years; upon sealed instruments, sixteen years; judgments and real actions, twenty years. NEW MEXICO -Actions upon judgments are limited, to be brought within fifteen years; on notes and all other contracts in writing, within six years; oil open accounts, four years; for conversion or injuries to property, and for relief against fraud, four years; for injuries to the person or reputation, two years. The usual exception is provided in favor of persons under legal disability and allows one year after the termination of the disability. The statute was approved January 23d, 1880. Causes of action existing at the date of the appearance of this act must be sued on within two years. The representatives of a person having a cause of action, who dies within a year from the expiration of the period of limitation, have one year after death to commence suit. A cause of action founded on contract, express or implied, is revived by an admission that the debt is unpaid, or a promise to pay; such admission or new promise to be in writing. NEW YORK - Contracts, express or implied, except those under seal, and upon judgments of a court not of record, six years; upon judgments of Courts of Record and sealed instruments, twenty years; actions to recover damages for a personal injury resulting from negligence, three years; for libel, slander, assault, battery, or false imprisonment, two years. Acknowledgment by part payment or in writing, will revive a barred right. NORTH CAROLINA-The statute of limitations was suspended from May 20th, 1861, to January 1st, 1870, on causes of action arising on contract prior to 1868. Actions on judgment of a Court of Record on sealed instruments for the foreclosure of a mortgage, and for the redemption of a mortgage, where the mortgagee has been in possession, must be commenced in tell years; actions on a Justice's judgment, seven years; actions on the bond of any public officer or executor, etc., must be commenced in six years; actions on any contract or liability, except as above, shall be commenced in three years. Debts barred by the statute of limitations can only be revived by a promise in writing, signed by the party to be charged. OHIO -One year:- Libel, slander, assault, battery, malicious prosecutions, false imprisonment and statutory penalties and forfeitures. Four years:- Trespass to real property, action pertaining to personal property, and for injuries to plaintiff's rights, not otherwise limited. Six years: Contracts not in writing, express or implied, and liabilities created by statute other than forfeitures or penalties. Fifteen years :-Written instruments. Twenty-one years:- Recovery of real estate. Action upon official bonds or undertakings, given in pursuance of statute, ten years after right of action accrues. Part payment, or written promise or acknowledgment, will revive. OREGON - Within ten years all actions for the recovery of real estate, upon sealed instruments and judgments or decrees. Within six years, all contracts not under seal, express or implied, written or verbally, for waste or trespass upon real property, and for taking, detaining or injuring personal property, or for the recovery thereof. Within three years, all actions against Sheriffs, Constables or Coroners upon a liability incurred while in office except for escape, which is one year. Within two years, all actions for a penalty or forfeiture to the State; also, for libel, slander, false imprisonment, crim. con., assault and battery, etc. To recover, a liability against which the statute has run, part payment, or a writing, signed by the party to be charged, is necessary. PENNSYLVANIA - Book accounts, debts, notes, and contracts not under seal, six years; contracts under seal, twenty-one years. Adverse uninterrupted possession of real estate for twenty-one years, gives title as against every one except the Commonwealth, infants, persons not sui juris, or beyond the seas. RHODE ISLAND - For trespass, four years; tort, other than trespass, or oil simple contracts, six years; on specialties, twenty years. SOUTH CAROLINA-Upon a judgment or decree of any Court, or upon a sealed instrument, other than sealed notes and personal bonds for the payment of money only, twenty years; for recovery of property, ten years; upon contracts not under seal, sealed notes and personal bonds for the payment of money only, liability by statute other than a penalty or forfeiture, trespass oil real property, and for recovery of personal property and upon open accounts, six years; action for balance due on open account current accrues from the date of the last item proved on either side. TENNESSEE - On bonds, notes, bills of exchange, accounts and contracts, six years. Against sureties of guardians, administrators and public officers for non-feasances, etc., six years. Against such officers, personally, on their bonds, ten years. On judgments of Courts of Record and other cases not expressly provided for, ten years. Against personal representative of descendant, seven years from his death, notwithstanding any existing disability. Against personal representative after qualification, by resident within two and a half years, by non-resident, if cause accrued in life-time of deceased, three and a half years, otherwise from time cause of action accrued. Statute does not apply in commercial transactions, where accounts, mutual and reciprocal, are current; and where persons not merchants have mutual accounts time is computed from date of last item, unless amount is liquidated and balance struck. After right of action accrues debt can be revived by express promise to pay. TEXAS - To personal actions, one year is allowed to bring, suit; con- tracts in writing, four ' years; open accounts, except between merchant and merchant, their factors or agents, two years. UTAH-Open accounts and contracts not in writing, two years; contracts or obligations founded on writing, four years ; judgments, five years recovery of lands, seven years. VERMONT-Action against Sheriff for neglect of deputy against sureties in guardian's bond, four years; debts on contracts not under seal, debt for arrears of rent; account, assumpsit or case founded on contract; trespass on lands, replevin and other actions for taking or detaining, or injuring goods against towns or town clerks; for neglect of duty of clerk, six years; debt or scire facias, on judgment debt, on specialty covenant (except of seizure in deeds of land), covenant of warranty after final decision against title, eight years; action on promissory notes witnessed fourteen years; action on covenant of seizing to recover lands or the possession thereof, fifteen years. VIRGINIA- Upon bonds of officers, ten years; on sealed instruments in general, twenty years; oil awards and unsealed written contracts, five years; on extra contracts, five years, unless for store account, which is two years. WASHINGTON-The following action; must be commenced within three years from the time the cause of action accrues: An action upon a contract or liability, not in writing or for taking, detaining or -injuring personal property; an action for relief upon the ground of fraud. The following actions must be commenced within six years from the time the cause of action accrues, viz.: Upon a contract in writing, or liability, express or implied, arising out of a written agreement , for the rents and profits of real estate; upon a judgment of any Court. An action for the recovery of real estate must be commenced within ten years. WEST VIRGINIA - Ejectment, ten years; on contract under seal, given prior to April 1, 1869, twenty years, and since, ten years; on promissory notes given prior to April 1, 1869, five years, since then, ten years; accounts, five years, except store accounts, three years; accounts between merchant and merchant, five years. There are certain statutory savings in favor of persons under disability, and also where defendant has obstructed prosecution of right. When contract is made in another State, the statute of such other State controls, except that a judgment had in another State is barred in ten years. WISCONSIN-On all contracts not under seal, six years; on sealed instruments, twenty years. WYOMING-Contract, agreement or promise in writing, five years; not in writing, four years. Debts contracted prior to residence in the Territory, are barred after two years' bona fide residence here. CANADA. NEW BRUNSWICK - On contracts not under seal, six: years; contracts under seal or judgments, twenty years; actions for assault, battery, wounding, imprisonment or for words, two years. NOVA SCOTIA -Actions of assumpsit, trespass, quare clasum fregit, detinue, trover, replevin, debt grounded upon any lending or contract, without specialty, or for rent account, or upon the case, must be brought with six years next after the cause of action. Mortgages, judgments and legacies are deemed satisfied at the end of twenty years, if no payment is made or acknowledgment in writing in the meantime. ONTARIO - Simple contracts, six years; contracts under seal, twenty years; judgment, six years, but may be revived. Actions to recover land, ten years: distress for rent, six years; to recover wild lands granted by the Crown, but never in the possession of the grantor, twenty years; revivor by part-payment or written acknowledgment.