Executors of Clark v. Hopkins
New York Supreme Court
1Per curiam
It would be against all rule to permit a judgment to be entered up on a warrant of attorney, after the lapse of 18 years, on the usual affidavits. It has been decided, (6 Mod. 22. 1 Burr. 434. 4 Burr. 1963. 1 Str. 652. 2 Str. 826. 1 Term Rep. 270, 271. Cowp. 109. 214.) that after 18 and 20 years, a bond will be presumed to have been paid. The obligee ought to show a demand of payment, and an acknowledgment of the debt, within that time, to rebut this presumption.
Motion denied.
2Cited by6 opinions
- Bean v. . TonneleNew York Court of Appeals · 1884
- Buckmaster v. KelleySupreme Court of Florida · 1875
- Lyon v. ChaseNew York Supreme Court · 1867
- McMurray v. McMurrayNew York Supreme Court · 1892
- Waddell v. Elmendorf & Van VechtenNew York Supreme Court · 1852
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