Estate of Devereux
Supreme Court of Pennsylvania
Appeals, Nos. 124 and 142, Jan. T., 1897, by Anna F. Devereux, from decree of O. C. Plrila. Co., Oct. T., 1896, No. 549, dismissing exceptions to adjudication. Exceptions to adjudication. The opinion of Ashman, J., was as follows: The bond upon which judgment was entered was given by the decedent in 1875, three years before his death, to his son in the sum of $81,377.64. The origin of the debt was obscure.
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Appeals, Nos. 124 and 142, Jan. T., 1897, by Anna F. Devereux, from decree of O. C. Plrila. Co., Oct. T., 1896, No. 549, dismissing exceptions to adjudication. Exceptions to adjudication. The opinion of Ashman, J., was as follows: The bond upon which judgment was entered was given by the decedent in 1875, three years before his death, to his son in the sum of $81,377.64. The origin of the debt was obscure. The decedent, who was a commission merchant, had lost very heavily in 1857, and continued more or less embarrassed financially thereafter. He became in some way involved in the affairs of…
1Opinion of the Court
Opinion by
Mb. Justice Fell,
The legal presumption of payment arising from the lapse of twenty years in the case of a bond or specialty does nothing more than shift the burden of proof. “ Within twenty years the law presumes that the debt has remained unpaid, and throws the burden of proving payment upon the debtor. _ After twenty years the creditor is bound to show, by something more than his bond, that the debt has not been paid, and this he may do because the presumption raises only a prima facie case against him. It must be borne in mind that the presumption from lapse of time is not that…
2Cases cited5 opinions
- Gregory's Exrs. v. CommonwealthSupreme Court of Pennsylvania · 1888
- Reed v. ReedSupreme Court of Pennsylvania · 1863
- Tilghman v. FisherSupreme Court of Pennsylvania · 1840
- Hughes v. HughesSupreme Court of Pennsylvania · 1867
- Taylor v. MegargeeSupreme Court of Pennsylvania · 1845
3Cited by8 opinions
- Frey's EstateSupreme Court of Pennsylvania · 1941
- Grenet's EstateSupreme Court of Pennsylvania · 1938
- Sheafer v. WoodsideSupreme Court of Pennsylvania · 1917
- Berkshire Land Co. v. Federal Security Co.Court of Appeals for the Third Circuit · 1952
- Gilmore v. AlexanderSupreme Court of Pennsylvania · 1920
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