Lynde v. Denison
Supreme Court of Connecticut
THIS was an action of debt, on a probate bond, executed by the defendant, as administrator of the estate of Lydia Williams, deceased, brought in March, 1819. The defendant, after oyer of the condition of the bond, pleaded that he had fully administered.
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THIS was an action of debt, on a probate bond, executed by the defendant, as administrator of the estate of Lydia Williams, deceased, brought in March, 1819. The defendant, after oyer of the condition of the bond, pleaded that he had fully administered. The plaintiff, iii his replication, stated a breach as follows: That a short time previous to the year 1789, Daniel Williams, the husband of Lydia Williams, at the time of his decease, died intestate, leaving certain parcels of real estate in Sayhrook, particularly described, and leaving also a daughter, Lydia Denison, who then was, and until…
1Opinion of the Court
Hosmer, Ch. J.
This case presents the following questions. 1. Whether from the time which elapsed, unexplained ⅛8 it is, payment of the sum in demand ought to be presumed. 2. Whether the disability of the femes covert to bring suit, Repelled the presumption. 3. Whether the bond’s having ¡been on condition to convey real estate, makes any difference itt the result. 4. And whether the lapse of time was evidence éf a release, but not of satisfaction.
1. A forbearance for the period of twenty years, when un*392explained, is a fact, from which payment of a sum demanded, ought to be presumed. Phill.Ev.…
2Cases cited2 opinions
- Griswold v. PennimanSupreme Court of Connecticut · 1818
- Grant v. BontzU.S. Circuit Court for the District of District of Columbia · 1819
3Cited by3 opinions
- O'Connor v. Town of WaterburySupreme Court of Connecticut · 1897
- Daggett v. TallmanSupreme Court of Connecticut · 1830
- Branch Bank at Decatur v. DonelsonSupreme Court of Alabama · 1848