Report of the Commission for the Purpose of Examining the Torrens Land Transfer
Report of the Commission for the Purpose of Examining the Torrens Land Transfer
California Commission for the Purpose of Examinin
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SEC. 40. No person shall commence any action at law or in equity for the recovery of land, or assert any interest, right in, or lien or demand upon the same, or make entry thereon adversely to the title or interest 14 REPORT OF TORRENS LAND COMMISSION. certified in the first certificate bringing the land under the operation of this Act, unless within five years after the first registration. It shall not be an exception to this rule that the person entitled to bring the action or make the entry ...is an infant, lunatic, or is under any disabil- ity, but action may be brought by such person by his next friend or guardian. It shall be the duty of the guardian, if there is any, to bring action in the name of his ward whenever it is necessary to preserve or enforce the ward's rights in registered land. SECTION 41. Claim to arise after expiration of five years preserved by noting memorial; proceedings subsequent. SEC. 41. Any person having any interest, right, title, lien, or demand, whether vested, contingent, or inchoate, in, to, or upon registered land, which existed at the time the land was first registered, and upon or for which no cause of action shall have accrued at the date of the registra- tion of the land, may, prior to the expiration of said five years after such registration, file in the Registrar's office a notice, under oath, set- ting forth his interest, right, title, lien, or demand, and how and under whom derived, and the character and nature thereof; and if such claim is so filed an action may be brought to assert or recover or enforce the same at any time within one year after the right of action shall have accrued thereon, or at any time within the period of five years after said first registration, and not afterwards.
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