Dunlop & Co. v. Ball
Supreme Court of the United States
This was a writ of error to the Circuit Court of the district of Columbia, sitting in Alexandria. The only question in the case arose upon the following bill of exceptions.
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This was a writ of error to the Circuit Court of the district of Columbia, sitting in Alexandria. The only question in the case arose upon the following bill of exceptions. “In this case, the plaintiffs were admitted to be, and always to have been, British subjects, residing in Great Britain, and the defendant to be, and have been, a native and always a citizen of the now state of Virginia ; and this suit was commenced on the-day of-, in the year 1802. The debt was contracted in 1773, in Virginia, at which time, the bond was executed on which the suit was brought. It was also admitted, that…
1Opinion of the Court
Marshall, Ch. J.,
delivered the opinion of the-court. — The only circumstance which could create a question in this case is, that twenty years had not elapsed, exclusive of the period during which the-plaintiffs were under a legal disability to recover, before the action was-brought.
The principle, upon which the presumption of payment arises from the lapse of time, is a reasonable principle, and may be rebutted by any facts-which destroy the reason of the rule. That no presumption could arise- ■during a state of war, in which the plaintiff was an alien enemy, is too clear to admit of doubt.…
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