When will the statute of limitations begin to run in this case?

MultiRegion, United States of America

The following excerpt is from Kasey v. Molybdenum Corporation of America, 336 F.2d 560 (9th Cir. 1964):

And appellants have not shown that the statute of limitations would have begun to run only at a time within the five year period preceding the commencement of this suit. The district court justifiably assumed that 318 means just what it says; that a suit cannot be maintained for the recovery of real property if the plaintiff has not had seisin or possession of the property within the five years preceding the commencement of the action. However, we have discovered rationalia in Pryor v. Winter, 1905, 147 Cal. 554, 557-58, 82 P. 202, indicating that the statutory period of 318 might not begin to run until the cause of action accrues. Yet, even were we to assume, without deciding,23 that this rationalia is still good law, appellants cannot avail themselves of this possible argument because of their failing to offer adequate proof that the statute would have begun to run at a time within the five years preceding the commencement of this suit.

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