N.C. Gen. Stat. § 1-41

History

(C.C.P., s. 24; Code, s. 145; Rev., s. 385; C.S., s. 431.)

History Note. - At common law any person who had a right of possession could assert it by a peaceful entry, without the formality of legal action, and being so in possession, could retain it, and plead that it was his soil and freehold. This was allowed in all cases where the original entry of the wrongdoer was unlawful. See 1 Bouv. Law Dict., title "Entry." This section seems to be a limitation upon the rule in that while an entry may be made, it must be followed by a suit within one year and within the period of limitation (either 20, 7, 30 or 21 years after the statute began running, as this case might be) prescribed by the various sections of the chapter. The effect seems to be that the common-law entry without maintaining a suit within one year thereof is insufficient, so that one cannot repossess himself by an entry without also maintaining an action. The latter part of this section, "and within the time prescribed in this chapter," is but a recognition of the statutes prescribing the various periods necessary for an adverse possession ripening into title.