28-01-21. Limitations on actions founded on right of homestead

28-01-21. Limitations on actions founded on right of homestead No action, defense, or counterclaim founded upon a right of homestead in property conveyed or encumbered, otherwise than as provided by the law in force at the time of the execution of such conveyance or encumbrance, and for which no declaration of homestead has been filed previous to the execution of such conveyance or encumbrance, is effectual or maintainable, unless such action is commenced, or such defense or counterclaim interposed, within two years after the execution of such conveyance or encumbrance. Such limitation does not apply if the homestead claimant, at the time of the execution of such conveyance or encumbrance, was in the actual possession of the property claimed and had not quit such possession previous to the commencement of such action, or the interposing of such defense or counterclaim.