Hooper v. Carr Lumber Co.

The statute of limitations having been pleaded, the burden was on the plaintiff to show that his cause of action against the defendant accrued within three years prior to the institution of the suit. Southerland v. Crump, 199 N. C., 111, 153 S. E., 845; Phillips v. Penland, 196 N. C., 425, 147 S. E., 731; Rankin v. Oates, 183 N. C., 517, 112 S. E., 32; Marks v. McLeod, 203 N. C., 257, 165 S. E., 693; Aldridge v. Dixon, 205 N. C., 480, 171 S. E., 777.

While the plaintiff could not have brought and maintained his action until some injury to his property had occurred by reason of the alleged…