Corn v. Wilson

Opinion by

Mr. Justice Bell,

A. E. Corn, who became the owner of a mortgage on certain coal land by Assignment dated September 25, 1947, brought an action of scire facias sur mortgage on June 4, 1948. The mortgage was dated October 1, 1920. The defense was payment, which in turn was based upon a presumption of payment arising after the lapse of more than 20 years. The court entered a nonsuit and Corn appealed from the court’s order discharging a rule to take off the nonsuit.

W. G. Wilson, J. D. Neiper, both long since dead, and Ira F. Link, Trustees for the Bowena Coal Company, executed and…