Armitage, Exr. v. Ulrich

Opinion by

Arnold, J.,

The plaintiff-executor found among decedent’s papers a judgment note, under seal, dated June 2, 1930, for $1000, payable five years after date. It was signed by defendant, who admits she received the money. Decedent died in 1844, i. e., nine years after maturity of the note. Judgment having been confessed on the note, defendant moved to open on the ground of actual payment, and upon the presumption of the fact of payment. After depositions and argument her rule, was discharged and she appeals.

As to presumption of the fact of payment, defendant relied upon a showing of the…