Van Loon v. Smith
Supreme Court of Pennsylvania
Error to the.Court of Common Pleas of Luzerne county : Of January Term 1882, No. 273. ' Scire facias to revive and continue the lien of a judgment, issued by Henderson Gaylord, administrator of James Hesbit, deceased, to the use of Samuel Hoyt, assigned to John B. Smith, against R. 1ST.' Smith, administrator d. b. n. of Samuel Davenport, deceased, and Samuel Yan Loon, and S. II. Dodson, executors of Robert Davenport, deceased.
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Error to the.Court of Common Pleas of Luzerne county : Of January Term 1882, No. 273. ' Scire facias to revive and continue the lien of a judgment, issued by Henderson Gaylord, administrator of James Hesbit, deceased, to the use of Samuel Hoyt, assigned to John B. Smith, against R. 1ST.' Smith, administrator d. b. n. of Samuel Davenport, deceased, and Samuel Yan Loon, and S. II. Dodson, executors of Robert Davenport, deceased. Plea, nul tiel record, and payment with leave, etc. On the trial, before Woodward, J., the following facts appeared : The original judgment in this case was entered on…
1Opinion of the CourtJustice Clabk
After a lapse of twenty- years from maturity, a bond is legally presumed to be paid; the presumption is of fact, not *241a legal liar; it is not conclusive but prima facie, only, and casts upon the party alleging the debt the burden of countervailing proof : Diemer v. Sechrist, 1 P. & W. 419; Backestoss v. Commonwealth, 8 Watts 286; Cope v. Humphreys, 14 S. & K. 15; Silverthorn v. Townsend, 37 Penn. St. 263; In re Fulton’s Estate, 1 P. F. S. 204.
The same rule prevails in judgments, mortgages, recognizances, and indeed in every species of security for payment of money. The presumption does not…
2Cases cited3 opinions
- Vitry ex rel. Vitry v. DauciSupreme Court of Pennsylvania · 1831
- Summerville v. HollidaySupreme Court of Pennsylvania · 1833
- Backestoss v. CommonwealthSupreme Court of Pennsylvania · 1839
3Cited by7 opinions
- Waring v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1896
- Mudd v. Nosker Lumber, Inc.Superior Court of Pennsylvania · 1995
- Carter v. Ridge Turnpike Co.Supreme Court of Pennsylvania · 1904
- Croskey v. CroskeySupreme Court of Pennsylvania · 1932
- Pennsylvania Co. v. YoungmanSupreme Court of Pennsylvania · 1934
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