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Legal memory

Black's Law Dictionary · Henry Campbell Black, M.A. · 1910

Black's Law Dictionary

An ancient usage, custom, supposed grant (as a foundation for prescription) and the like, are said to be immemorial when they are really or fictitiously of such an ancient date that "the memory of man runneth not to the contrary," or. in other words, "beyond legal memory." And legal memory or "time out of mind," according to the rule of the common law, commenced from the reign of Richard I., A. D. 1189. But under the statute of limitation of 32 Hen. VIII. this was reduced to 60 years, and again by that of 2 & 3 Wm. IV. c.

71, to 20 years.

In the American states, by statute, the time of legal memory la generally fixed at a period corresponding to that prescribed for actions for the recovery of real property, usually about 20 years.

See 2 Bl. Comm. 31; Miller v. Gar-lock, 8 Barb. (N. Y.) 153.