Sellers v. Holman
Supreme Court of Pennsylvania
Error, to the Common Pleas of Chester county. These were two suits, one brought by James M. Sellers, administrator of the estate of-Davis, deceased, v. Frederick Holman, surviving executor of Frederick Holman, deceased, the other by the same plaintiff v. Samuel Holman, administrator de bonis non cum test. an. of Frederick Holman, deceased. The writs were issued on 3d April, 1851. The cases were tried together.
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Error, to the Common Pleas of Chester county. These were two suits, one brought by James M. Sellers, administrator of the estate of-Davis, deceased, v. Frederick Holman, surviving executor of Frederick Holman, deceased, the other by the same plaintiff v. Samuel Holman, administrator de bonis non cum test. an. of Frederick Holman, deceased. The writs were issued on 3d April, 1851. The cases were tried together. One of the suits was upon a note, under seal, executed by Frederick Holman, dated April 13, 1819, for $200, payable at six months to Davis. The other was on a note, under seal, executed…
1Opinion of the Court
The opinion of the Court was delivered by
Black, C. J.
The Court below instructed the jury substantially that two notes, one of which was more than thirty and the other upwards of twenty-seven years old before suit brought, must be presumed to have been paid, unless that presumption was met by something more than a mere naked demand of the debt by the obligee within twenty years.
The only fair objection to the charge is, that the judge has defended his positions too well. The question was not worth a tithe of the labor and learning he bestowed on it.
Perhaps, if this point had arisen half a…
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