Majority
p. 556Executors of Clark against Hopkins. moved for leave to énter up judgment on a bond and warrant of attorney, of 18 years standing. They Were executed in 1792. He read an affidavit, stating that the bond was duly executed, and still remained due; and that the obligor was living, and that the reason why the judgment was not entered up before, was the insolvency of the obligor.
Headnote
After the lapse of IB years, the court refused to permit a judg- . ment to be entered up on a bond and warrant of attorney, on the usual affidavit, the legal presumption being that the bond was paid.KELLOGG, in behalf of the plaintiffs,
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.