Farrante, Adr. v. Orrico

Opinion by

Reno, J.,

In this sci. fa. sur mortgage, plaintiff undertook to rebut the presumptions of payment arising from the lapse of time, and the possession of the mortgage papers by the mortgagor.

The mortgage was for $400, dated January 28, 1905, payable one year after date, and was given by Michael angelo Orrieo to Maria Vincenza Farrante. The sci. fa. issued December 22, 1941; the principal was then overdue almost thirty-five years, and interest was claimed only from July 28, 1908. The mortgagee died March 9, 1907, and Gustave Farrante, her administrator, is plaintiff. The mortgagor died…