Legal Opinion

Bartram's Estate

Supreme Court of Pennsylvania

Decided January 13, 1925No. Appeal, 210PublishedCited by 5 opinions

1Opinion of the Court

Opinion by

Mr. Justice Kephart,

Appellant’s claim is based on a note under seal, dated September 15, 1890, and the sole question before us is whether the evidence adduced at the hearing was sufficient to overcome the presumption of a payment arising from lapse of time. Whether it is sufficient in quantity and quality is for the court, in a case such as this: Fidelity Title and Trust Co. v. Chapman, 226 Pa. 312, 314. After twenty years the presumption of payment is strong. It gains strength with age, and after thirty years it requires very clear and explicit proof to dislodge it. The death of…

2Cases cited6 opinions

  1. Sheafer v. WoodsideSupreme Court of Pennsylvania · 1917
  2. Gilmore v. AlexanderSupreme Court of Pennsylvania · 1920
  3. Fidelity Title & Trust Co. v. ChapmanSupreme Court of Pennsylvania · 1910
  4. Lefever's EstateSupreme Court of Pennsylvania · 1923
  5. Taylor v. MegargeeSupreme Court of Pennsylvania · 1845

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Frey's EstateSupreme Court of Pennsylvania · 1941
  2. Stoer v. HoltzSuperior Court of Pennsylvania · 1931
  3. Farrante, Adr. v. OrricoSuperior Court of Pennsylvania · 1943
  4. Hennessy EstatePennsylvania Orphans' Court, Philadelphia County · 1952
  5. In re Dissolution of the Title Guaranty & Surety Co., Pennsylvania Court of Common Pleas, Lackawanna County1950

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