No action shall be commenced in any case for the recovery of real property or for any interest therein against a person in possession under claim of title by virtue of a written instrument unless the person claiming, his ancestor or grantor, was actually in the possession of the same or a part thereof within forty years from the commencement of such action. And the possession of a defendant, sole or connected, pursuant to the provisions of this section shall be deemed valid against the world after the lapse of such a period.

HISTORY: 1962 Code SECTION 10-129; 1952 Code SECTION 10-129; 1942 Code SECTION 385; 1932 Code SECTION 385; Civ. P. '22 SECTION 328; Civ. P. '12 SECTION 134; Civ. P. '02 SECTION 109; 1873 (15) 496.