Haynes v. Blanchard
Massachusetts Supreme Judicial Court
Contract brought by the executor of the will of Laura A. Haynes upon a judgment in favor of the plaintiff’s testator against the defendant rendered in the Superior Court on July 9, 1885. Writ dated November 21, 1905. The answer contained a general denial and a plea of payment and set up the statute of limitations.
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Contract brought by the executor of the will of Laura A. Haynes upon a judgment in favor of the plaintiff’s testator against the defendant rendered in the Superior Court on July 9, 1885. Writ dated November 21, 1905. The answer contained a general denial and a plea of payment and set up the statute of limitations. At the trial in the Superior Court before HitehcocJc, J., without a jury, it appeared that the judgment was entered as set forth in the exemplification attached to the declaration; that it never had been paid in whole or in part; that it never had been reversed, annulled or…
1Opinion of the CourtKnowlton, C. J.
This is an action upon a judgment, recovered more than twenty years before the date of the writ, and the only question is whether the action is barred by the statute . of limitations.
The provision of the statute touching this question is found in R L. c. 202, § 19, and is as follows: “A judgment or decree of a court of record of the United States or of this or any other State of the United States shall be presumed to be paid and satisfied at the expiration of twenty years after it was rendered.” This is applicable only to those judgments which have been rendered more than twenty years. It is…
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