Andrews v. Rhodes

The plaintiff' is appellant from a judgment sustaining the defendant’s plea of prescription to the note sued *53upon.* It is payable on demand, and bears interest on its face, from tbe 1st of January, 1838, but is without a date.

The first judge assumed the day from which interest is to run as the date of the note; and more than five years having elapsed between that day and the inception of the present suit, sustained the plea of prescription.

The plaintiff’s counsel urges that he erred, as the defendant was bound to prove the facts from which the prescription arises, which she failed to do; that…