Executors of Clark v. Hopkins
7 Johns. 556 | N.Y. Sup. Ct. | 1811
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.