McPherson v. . Williams

It is conceded in appellee’s brief that “the burden was upon the defendant to show the easement by prescription, or adverse possession,” the defense being an affirmative one. Power Co. v. Taylor, 194 N. C., 231, 139 S. E., 381. But in this connection it is asserted that “while in disconnected excerpts, it might appear the burden of proof was improperly placed, yet a careful reading of the entire charge will show the jury could not have been misled.” Bechtel v. Weaver, 202 N. C., 856, 164 S. E., 338; Rankin v. Oates, 183 N. C., 517, 112 S. E., 32.

We have held in a number of cases that the…