McWilliams v. McWilliams

Atkinson, Presiding Justice.

(After stating the foregoing facts.) The evidence to establish the non-payment of the notes in question was not sufficient to overcome the presumption of payment by reason of the lapse of time from the date the notes were due and the time of the institution of the proceedings. The last of the notes here in question was due November 1, 1914; and the action depending upon the non-payment thereof was not instituted until January 22, 1946, a period of more than thirty-one years.

Mere lapse of time after a debt becomes due may raise a presumption of payment. “A judgment…