Ejectment

No action of ejectment, when the plaintiff does not claim title to the lands, shall be brought or maintained when the plaintiff, or his or her testator or intestate, has been five (5) years out of possession. Rev. Stat., ch. 53, § 20; C. & M. Dig., § 6948; Pope's Dig., § 8926; A.S.A. 1947, § 37-106. No action of ejectment, when the plaintiff does not claim title to the lands, shall be brought or maintained when the plaintiff, or his or her testator or intestate, has been five (5) years out of possession. Rev. Stat., ch. 53, § 20; C. & M. Dig., § 6948; Pope's Dig., § 8926; A.S.A. 1947, § 37-106.