Waddell v. Elmendorf

Action upon a judgment recovered in 1810. Defence, presumption of payment by lapse of time.

The principal question in this case was, as to the nature of the evidence by which this presumption might be repelled. Sec. 46 of title 2, chap. 4, part 3 of the Revised Statutes provides, that “ the presumption of payment shall apply to all judgments of a court of record in this state rendered before the 3d day of April, 1821, and to all such judgments rendered before this chapter shall take effect as a law, in the same manner as such presumption applies to sealed instruments.”

Section 48 of the same…