limitation

Limitation, as used in such statutes, means a bar to the alleged right of the plaintiff to recover in the action created by or arising out of the lapse of a certain time after the cause of action accrued, as appointed by law.

WORDS OF. See "Words of Limitation."

Bestriction or circumspection ; settling an estate or property; a certain time allowed by a statute for litigation. In estates. A limitation, whether made by the express words of the party or existing in intendment of law, circumscribes the continuance of time for which the property is to be enjoyed, and by positive and certain terms, or by reference to some event which possibly may happen, marks the period at which the time of enjoyment shall end. Prest. Estates, 25. And see Brattle Square Church v. Grant, 3 Gray (Mass.) 147, 63 Am. Dec. 725; Smith v. Smith, 23 Wis. 181, 99 Am. Dec. 153 ; Hoselton v. Hoselton, 166 Mo. 182, 65 S. W. 1005; Stearns v. Godfrey, 16 Me. 160.

— Conditional limitation. A condition followed by a limitation over to a third person in case the condition be not fulfilled or there be a breach of it. Stearns v. Godfrey, 16 Me. 158; Church v. Grant, 3 Gray (Mass.) 151, 63 Am. Dec. 725; Smith v. Smith, 23 Wis. 176, 99 Am. Dec. 153. A conditional limitation is where an estate is so expressly defined and limited by the words of its creation that it cannot endure for any longer time than till the contingency bap-pens upon which the estate is to fail. 1 Steph. Comm. 309. Between conditional limitations and estates depending on conditions subsequent there is this difference: that in the former the estate determines as soon as the contingency happens ; but in the latter it endures until the grantor or his heirs take advantage of the breach. Id. 310.

— Collateral limitation. One which gives an interest in an estate for a specified period, but makes the right of enjoyment to depend on some collateral event, as an estate to A. till B. shall go to Rome. Templeman v. Gibbs, 86 Tex. 358, 24 S. W. 792 ; 4 Kent, Comm. 128.

— Contingent limitation. When a remainder in fee is limited upon any estate which would by the common law be adjudged a fee toil, such a remainder is valid as a contingent limitation upon a fee, and vests in possession on the death of the first taker without issue living at the time of his death. Rev. Codes N. D. 1899, § 3328.

— Limitation in law. A limitation in law, or an estate limited, is an estate tobe holden onir during the continuance of the condition under which it was granted, upon the determination of which the estate vests immediately in him in expectancy. 2 Bl. Comm. 155.

— Limitation of actions. The restriction by statute of the right of action to certain periods of time, after the accruing of the cause of action, beyond which, except in certain specified cases, it will not be allowed. Also the period of time so limited by law for the bringing of actions. See Keyser v. Lowell, 117 Fed. 404, 54 C. C. A. 574 ; Battle v. Shivers, 39 Ga. 409; Baker v. Kelley, 11 Minn. 493 (Gil. 358) ; Riddelsbarger v. Hartford F. Ins. Co., 7 Wall. 390, 19 In Ed. 257.

— Limitation of assize. In old practice. A certain time prescribed by statute, within which a man was required to allege himself or his ancestor to have been seised of lands sued for by a writ of assize. Cowell.

— Limitation of estate. The restriction or circumscription of an estate, in the conveyance by which it is granted, in respect to the interest of the grantee or its duration; the specific curtailment or confinement of an estate, by the terms of the grant, so that it cannot endure beyond a certain period or a designated contingency.

— Limitation over. This term includes any estate in the same property created or contemplated by the conveyance, to be enjoyed after the first estate granted expires or is exhausted. Thus, in a gift to A. for life, with remainder to the heirs of his body, the remainder is a "limitation over" to such heirs. Ewing v. Shropshire, 80 Ga. 374, 7 S. E. 554,

— Special limitation. A qualification serving to mark out the bounds of an estate, so as to determine it ipso facto in a given event, without action, entry, or claim, before it would, or might, otherwise expire by force of, or according to, the general limitation. Henderson v. Hunter, 59 Pa. 340.

— Statute of limitations. A statute prescribing limitations to the right of action on certain described causes of action; that is, declaring that no suit shall be maintained on such causes of action unless brought within a specified period after the right accrued.

— Title by limitation. A prescriptive title ; one which is indefeasible because of the expiration of the time prescribed by the stainte of limitations for the bringing of actions to test or defeat it. See Dalton v. Renteria, 2 Ariz. 275, 15 Pac. 37.

— Words of limitation. In a conveyance or will, words which have the effect of marking the duration of an estate are termed "words of limitation." Thus, in a grant to A. and his heirs, the words "and his heirs" are words of limitation, because they show that A. is to take an estate in fee-simple and do not give his heirs anything. Fearne, Rem. 78. And see Ball v. Payne, 6 Rand. (Va.) 75: Summit v. Yount, 109 Ind. 506, 9 N. E. 582. LIMITED. Restricted; bounded; prescribed. Confined within positive bounds; restricted in duration, extent, or scope.

— Limited administration. An administration of a temporary character, granted for a particular period, or for a special or particular purpose. Holthouse.

— Limited owner. A tenant for life, in tail, or by the curtesy, or other person not having a fee-simple in his absolute disposition. As to limited "Company," "Divorce," "Executor," "Fee," "Jurisdiction," "Liability," and "Parinership," see those titles.

Eestriction; circumscription; boundary; the setting of of time, beyond which, except in specific cases, it will not be allowed. Limitation of assise: in old practice, a time prescribed by statute within which a man was required to allege himself, or his ancestor, to have been seised of lands sued for by a writ of assise. Limitation of estate: the definition or circumscription in any conveyance of the interest which the grantee is intended to take. Words of limitation are words which define the estate the grantee is to take, as distinguished from words of purchase, which name the grantee.

Restriction or circumspection; settling an estate or property; a certain time allowed by a statute for litigation. In estates. A limitation, whether made by the express words of the party or existing in intendment of law, circumseribes the continuance of time for which the property is to bly may happen, marks the period at which the time of enjoyment shall end. Preat, Estates, 25.

estates. When an estate is so expressly confined and limited by the words of its creation, that it cannot endure for a longer time than till the contingency shall happen, upon which the estate is to fail, this is denominated a limttation; as when land is granted to a man while he continues unmarried, or until the rents and profits shall have made a certain sum, and the like; in these cases the estate is limited, that is, it does not go beyond the happening of the contingency. 2 Bl. Com. 155; 10 Co. 41; 1 Bac. Ab. 638; Co. Litt. 236 b; 4 Kent, Com. 121; Tho. Co. Litt. Index, h. t.; 10 Vin. Ab. 218; 1 Vern. 483, n.; 4 Ves. Jr. 718.