Legal Definitions - non accrevit infra sex annos

Non accrevit infra sex annos is a historical Latin legal phrase meaning "it did not accrue within six years." In legal practice, it was a standard way to argue that a lawsuit was filed too late, specifically after the time limit set by a statute of limitations had expired. A statute of limitations is a law that sets a maximum time after an event within which legal proceedings must be initiated. If a claim "accrues" (meaning it becomes legally enforceable) and the plaintiff waits beyond the specified period (historically often six years for certain types of claims), the defendant could use this defense to have the case dismissed.

• Example 1: A Breach of Contract Claim

  Imagine in 1850, a builder completed construction on a house but was never paid the final amount. Six years and one day later, the builder decided to sue the homeowner for the unpaid balance.

  How it illustrates the term: The homeowner's lawyer would likely have invoked the defense of non accrevit infra sex annos. This would assert that the builder's right to sue for payment "accrued" (became enforceable) when the payment was due, and since more than six years had passed, the lawsuit was barred by the statute of limitations. The court would likely dismiss the case, regardless of whether the debt was actually owed, because the legal action was not initiated within the prescribed time.

• Example 2: A Promissory Note Dispute

  Consider a scenario in the late 19th century where someone lent money to a friend, documented by a promissory note that stated the loan was due in full on January 1, 1880. The friend never repaid the loan. The lender, for various reasons, did not file a lawsuit to recover the money until February 1, 1887.

  How it illustrates the term: The borrower's legal defense would likely include non accrevit infra sex annos. The claim "accrued" on January 1, 1880, when the payment was due. By waiting over seven years, the lender exceeded the historical six-year statute of limitations for such a debt. The defense would argue that the legal right to pursue the debt had expired, preventing the lender from recovering the money through the courts.

• Example 3: A Claim for Damages from a Defective Product

  Suppose in 1870, a farmer purchased a piece of farm equipment that proved to be defective, causing significant financial loss due to crop failure. The farmer discovered the defect immediately but, due to personal hardship, did not pursue legal action against the manufacturer until 1878.

  How it illustrates the term: The manufacturer's defense would likely include non accrevit infra sex annos. The farmer's claim for damages "accrued" when the defect was discovered and the loss occurred. By waiting eight years to file the lawsuit, the farmer exceeded the historical six-year period. The manufacturer would argue that the time limit for bringing such a claim had passed, and therefore, the lawsuit should be dismissed.