5-213. PERSONS UNDER DISABILITIES — RECOVERY OF REAL PROPERTY. If a person entitled to commence an action for the recovery of real property, or for the recovery of the 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 first descends or accrues, either:
1. Within the age of majority; or,
2. Insane; or,
3. Imprisoned on a criminal charge, or in execution, upon conviction of a criminal offense, for a term less than for life; or,
4. A married woman, and her husband be a necessary party with her in commencing such action or making such entry or defense.
The term during which such disability continues is not deemed any portion of the time in this title 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 twenty (20) 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.
History:
[(5-213) C.C.P. 1881, sec. 153; R.S., R.C., & C.L., sec. 4046; C.S., sec. 6606; I.C.A., sec. 5-213; am. 2006, ch. 158, sec. 7, p. 476.]
Structure Idaho Code
Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD
Chapter 2 - LIMITATION OF ACTIONS
Section 5-201 - LIMITATIONS IN GENERAL.
Section 5-202 - ACTIONS BY STATE.
Section 5-203 - ACTION TO RECOVER REALTY.
Section 5-204 - ACTION ARISING OUT OF CLAIM TO TITLE OR RENTS OR PROFITS.
Section 5-205 - EFFECT OF ENTRY.
Section 5-206 - CONSTRUCTIVE POSSESSION.
Section 5-207 - POSSESSION UNDER WRITTEN CLAIM OF TITLE.
Section 5-208 - CLAIM UNDER WRITTEN INSTRUMENT — POSSESSION DEFINED.
Section 5-209 - POSSESSION UNDER ORAL CLAIM OF TITLE.
Section 5-210 - ORAL CLAIM — POSSESSION DEFINED — PAYMENT OF TAXES.
Section 5-211 - POSSESSION OF TENANT — PRESUMPTIONS.
Section 5-212 - DESCENT CAST DOES NOT AFFECT RIGHT.
Section 5-213 - PERSONS UNDER DISABILITIES — RECOVERY OF REAL PROPERTY.
Section 5-214 - ACTIONS OTHER THAN FOR RECOVERY OF REAL PROPERTY.
Section 5-214A - ACTION TO FORECLOSE MORTGAGE ON REAL PROPERTY.
Section 5-215 - ACTION ON JUDGMENT OR FOR MESNE PROFITS OF REAL PROPERTY.
Section 5-216 - ACTION ON WRITTEN CONTRACT.
Section 5-217 - ACTION ON ORAL CONTRACT.
Section 5-218 - STATUTORY LIABILITIES, TRESPASS, TROVER, REPLEVIN, AND FRAUD.
Section 5-220 - ACTIONS FOR WRONGFUL SEIZURE BY OFFICERS.
Section 5-221 - ACTIONS ON CLAIMS AGAINST COUNTY.
Section 5-222 - ACTIONS ON OPEN ACCOUNTS — ACCRUAL OF CAUSE.
Section 5-223 - ACTIONS TO RECOVER DEPOSITS — COMMENCEMENT OF LIMITATION.
Section 5-224 - ACTIONS FOR OTHER RELIEF.
Section 5-225 - LIMITATIONS APPLY TO STATE.
Section 5-226 - ACTION TO REDEEM MORTGAGE.
Section 5-227 - PARTIAL REDEMPTION.
Section 5-228 - ACTION, WHEN COMMENCED.
Section 5-228A - TIME LIMITATION — CLOSURE OF THE OFFICE OF THE CLERK — EXTENSION OF TIME.
Section 5-229 - ABSENCE OF DEFENDANT FROM STATE.
Section 5-230 - PERSONS UNDER DISABILITIES — OTHER THAN FOR REAL PROPERTY.
Section 5-232 - ALIENS IN TIME OF WAR.
Section 5-233 - REVERSAL OF JUDGMENT — NEW ACTION.
Section 5-234 - ACTION STAYED BY INJUNCTION OR STATUTE.
Section 5-235 - WHEN DISABILITY MUST EXIST.
Section 5-236 - COEXISTING DISABILITIES.
Section 5-237 - ACTIONS AGAINST DIRECTORS AND STOCKHOLDERS.
Section 5-239 - ACTIONS BARRED IN ANOTHER STATE.
Section 5-240 - “ACTION” INCLUDES SPECIAL PROCEEDING.
Section 5-242 - IONIZING RADIATION INJURIES — PURPOSE OF ACT.
Section 5-243 - LIMITATION OF ACTION FOR IONIZING RADIATION INJURIES.
Section 5-244 - LATENT INJURY — EFFECT OF PRIOR RECOVERY.
Section 5-245 - ACTIONS TO COLLECT CHILD SUPPORT ARREARAGES.