Rogers v. Judd
Supreme Court of Vermont
This was an action upon a bond, tried at the County Court, and brought to this Court for a- hearing upon the following, bill of exceptions, agreed to b.y the Counsel for the parties. This was an action on bond, dated October 2d, 1805, in the penal sum of $200, conditioned for cutting a canal through the plaintiff’s land, by the first day of August, 1806; which bond was signed and sealed, by the said Eben W. & Stephen Judd, since deceased.
Read the full summary
This was an action upon a bond, tried at the County Court, and brought to this Court for a- hearing upon the following, bill of exceptions, agreed to b.y the Counsel for the parties. This was an action on bond, dated October 2d, 1805, in the penal sum of $200, conditioned for cutting a canal through the plaintiff’s land, by the first day of August, 1806; which bond was signed and sealed, by the said Eben W. & Stephen Judd, since deceased. To the declaration on this bond, the defendant pleaded, 1st, th,e General Issue, JYon est factum, and 2d, a Release. The action was commenced to.- Addison…
1Opinion of the Court
The opinion of the Court was pronounced by
Hutchinson, C. J.
About twenty-four years had elapsed, after the cause of action accrued upon this bond, before the present suit was commenced. From this lapse of time, *241the defendant urges the presumption of - law, that the condition of the bond was performed, or the debt paid. All this Court have now to decide is, whether the circumstances on which the plaintiff relied to rebut this presumption of lav/, were such as the Court ought to have admitted to be proved, and, when proved, ought to have adjudged sufficient to remove the presumption. I use the…
2Cited by1 opinion
- McGregor v. BalchSupreme Court of Vermont · 1845