Reed v. Reed
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action of debt brought by John Reed against Walker Reed. Pending the suit the plaintiff died, and J. P. Wylie, his executor, was substituted. The parties to the action were brothers. On the 9th day of April 1836 they entered into articles of agreement, in which Walker stipulated to pay John the sum of' $325, being the price of land purchased by Walker from John.
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Error to the District Court of Allegheny county. This was an action of debt brought by John Reed against Walker Reed. Pending the suit the plaintiff died, and J. P. Wylie, his executor, was substituted. The parties to the action were brothers. On the 9th day of April 1836 they entered into articles of agreement, in which Walker stipulated to pay John the sum of' $325, being the price of land purchased by Walker from John. The lands of the parties, although separated by lines, being contiguous, were worked in common, the parties with their mother and sister living together, in Walker’s house,…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
That presumption which the law raises after the lapse of twenty years, that a bond or specialty has been paid, is in its nature essentially different from the bar interposed by the Statute of Limitations to the recovery of a simple contract debt. The latter is a prohibition of the action, the former, 'primá facie, obliterates the debt. The bar is removed by nothing less than a new promise to pay, or an acknowledgment consistent with such a promise. The presumption is rebutted, or, to speak more accurately, does not arise where there is…
2Cases cited2 opinions
- Fritz v. ThomasSupreme Court of Pennsylvania · 1836
- Delany v. RobinsonSupreme Court of Pennsylvania · 1837
3Cited by39 opinions
- Gregory's Exrs. v. CommonwealthSupreme Court of Pennsylvania · 1888
- Huffman v. SimmonsSuperior Court of Pennsylvania · 1938
- Grenet's EstateSupreme Court of Pennsylvania · 1938
- Carpenter v. HaysSupreme Court of Pennsylvania · 1893
- Sheafer v. WoodsideSupreme Court of Pennsylvania · 1917
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