Legal Opinion

Anderson v. Settle

Tennessee Supreme Court

Decided December 15, 1857PublishedCited by 1 opinion

EROM JACKSON. This is an. action of debt from the Circuit Court of Jackson county. At the June Special Term, 1857, before Judge Goodall, there was a verdict for the plaintiff, upon which the Court rendered judgment. The defendant appealed in error.

1Opinion of the Court

CaRüthers, J.,

delivered the opinion of the Court.

Settle sued Anderson on two notes, due 1st January, 1836, and the 1st January, 1837. The suit was instituted 22d December, 1856.

The defense relied upon was presumption of payment from lapse- of time. The first note had been due twenty-one years, less ten days, and the other one year *203short of that date. The rule as laid down in 2 Starkie on Ev., 680,- is that the expiration of twenty years without payment of interest on a bond, or other acknowledgment of its existence, raises a presumption that it is satisfied.

This he calls an artificial or…

2Cited by1 opinion

  1. Commerce Union Bank v. HortonTennessee Supreme Court · 1972

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