Moore v. City of Charlotte

Where the defendant properly pleads a statute of limitations tbe burden is on the plaintiff to show that the action was brought within the time limit fixed by the statute pleaded, or in other words it is not barred by the statute that is pleaded. Tillery v. Lumber Co., 172 N. C., 296; Marks v. McLeod, 203 N. C., at p. 258-9.

Plaintiff contends: “The only question arising in this case, and presented to the Supreme Court upon appeal, is whether or not the plaintiff’s cause of action is barred by the statute of limitations.” We think it is.

The extension of the city limits was 1 January, 1928. The…