Executors of Clark v. Hopkins , 7 Johns. 556 ( 1811 )


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  • Per Curiam.

    It would be against all rule to permit a judgment to be entered up on a warrant of attorney, after the lapse of 18 years, on the usual affidavits. It has been decided, (6 Mod. 22. 1 Burr. 434. 4 Burr. 1963. 1 Str. 652. 2 Str. 826. 1 Term Rep. 270, 271. Cowp. 109. 214.) that after 18 and 20 years, a bond will be presumed to have been paid. The obligee ought to show a demand of payment, and an acknowledgment of the debt, within that time, to rebut this presumption.

    Motion denied.

Document Info

Citation Numbers: 7 Johns. 556

Filed Date: 2/15/1811

Precedential Status: Precedential

Modified Date: 11/9/2024