Actions of equitable nature; real property; new promise, fraud, or mistake

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  • (a) An action of an equitable nature shall only be commenced within the time limited to commence an action as provided in this chapter.

  • (b) An action for the determination of any right or claim to or interest in real property shall be deemed within the limitations provided for actions for the recovery of the possession of real property.

  • This section does not bar an equitable owner in possession of real property from defending his possession by means of his equitable title. The right of such equitable owner to defend his possession shall not be barred by lapse of time while an action for the possession of such real property is not barred by the provisions of this chapter.
  • (c) In an action upon a new promise, fraud, or mistake, the limitation shall be deemed to commence only from the making of the new promise or the discovery of the fraud or mistake.


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