No cause of action, or defense to an action, arising out of the title to real property or to rents or profits out of the same, can be effectual, unless it appears that the person prosecuting the action, or making the defense, or, under whose title the action is prosecuted, or the defense is made, or the ancestor, predecessor, or grantor of such person was seized or possessed of the premises in question within five years before the commencement of the act in respect to which such action is prosecuted or defense made. Provided that no cause of action, or defense to an action, arising out of the right in the nature of a public road, thoroughfare or highway which is acquired by the adverse and notorious use of any person or persons, can be effectual unless it appears that the person prosecuting the action, or making the defense, or the ancestor, predecessor, or grantor of such person, was seized orpossessed of the premises in question within six years before the commencement of the act in respect to which such action is prosecuted or defense made.

SOURCE: CCP § 319; amended by P.L. 3-73. Calif. CCP § 319 similar, but omits reference to adverse possession of road, etc.