Booker's Adm'r v. Booker's Rep.
Supreme Court of Virginia
This was an action of debt in the circuit court of Elizabeth City county brought by Elizabeth Booker’s personal representative against George Booker’s administrator. The action was brought on a bond which said: “On demand, for value received, I promise to pay Elizabeth Booker the just and full sum of seven hundred and fifty-five dollars and eighty-seven cents, with interest from the date, and the interest to be paid half-yearly.
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This was an action of debt in the circuit court of Elizabeth City county brought by Elizabeth Booker’s personal representative against George Booker’s administrator. The action was brought on a bond which said: “On demand, for value received, I promise to pay Elizabeth Booker the just and full sum of seven hundred and fifty-five dollars and eighty-seven cents, with interest from the date, and the interest to be paid half-yearly. For the true payment and performance of which I bind myself, my heirs, &c., jointly and severally, firmly by these presents. As witness my hand and seal this 1st…
1Opinion of the CourtStaples, J.
According to a well-settled rule of the common law, a bond is presumed to have been paid after the lapse of twenty years from the time it becomes due. ft is, however, a mere presumption which may be repelled by satisfactory evidence; but in the absence of such evidence, this presumption is of itself sufficient to sustain a plea of payment. If a shorter period than twenty years has elapsed, even a day, this legal presumption does not arise. In such case, however, the lapse of time may be relied on in connection with other circumstances as evidence of payment. 2 Minor’s Institutes, page 886,…
2Cases cited1 opinion
- Ross v. DarbySupreme Court of Virginia · 1815