Tillery v. Whiteville Lumber Co.

Tbis is an action to recover damages for a trespass committed by cutting trees on plaintiffs’ land, and removing them therefrom, tbe amount demanded being $2,045.40.

Tbe decision of tbe case turns upon tbe statute of limitations. If tbe general statute barring sucb actions after tbe lapse of three years from tbe time tbe cause of action arose, or, in tbis case, from tbe time of cutting tbe timber, applies, we are of tbe opinion that tbe plaintiffs cannot maintain tbe action and tbe ruling of tbe court was correct.

As the defendant pleaded the statute, the burden was upon the plaintiffs to show…