Beale's Executors v. Kirk's Administrator
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Juniata county: Of May Term 1877, No. 78. Scire facias sur recognizance issued December 17th 1874, by Thomas M. Kirk, administrator of William W. Kirk, deceased, guardian, to use of minor children of William Jacobs, deceased, against Joshua Beale. . The recognizance was given by Joshua Beale and John Milliken in the Orphans’ Court of Juniata county on the 3d of December 1839, conditioned to pay to said guardian for the use of said…
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Error to the Court of Common Pleas of Juniata county: Of May Term 1877, No. 78. Scire facias sur recognizance issued December 17th 1874, by Thomas M. Kirk, administrator of William W. Kirk, deceased, guardian, to use of minor children of William Jacobs, deceased, against Joshua Beale. . The recognizance was given by Joshua Beale and John Milliken in the Orphans’ Court of Juniata county on the 3d of December 1839, conditioned to pay to said guardian for the use of said children the sum of $89.44, with interest, one year from date. On the 19th of April 1875, judgment for want of an appearance…
1Opinion of the CourtJustice Paxson
The only question in this case is whether the court below was right in denying to the defendants the presumption of payment from lapse of time. There would have been no difficulty in the case but for Beale’s own testimony. Judgment having been entered against him in his lifetime by default, he moved the court to open the judgment and was sworn. He said he paid the money on this recognizance in 1840, to Joseph. Boggs, the then clerk of the Orphans’ Court of Juniata county, in which court the recognizance was taken. This was not payment to Kirk, the guardian, and the court below held that as…
2Cases cited1 opinion
- Delany v. RobinsonSupreme Court of Pennsylvania · 1837
3Cited by8 opinions
- Gregory's Exrs. v. CommonwealthSupreme Court of Pennsylvania · 1888
- Corn v. WilsonSupreme Court of Pennsylvania · 1950
- Gilmore v. AlexanderSupreme Court of Pennsylvania · 1920
- Richards v. WalpSupreme Court of Pennsylvania · 1908
- Fidelity Title & Trust Co. v. ChapmanSupreme Court of Pennsylvania · 1910
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