182 Pa. 604 | Pa. | 1897
Opinion by
This scire facias was brought November 29, 1893, by the executor of the mortgagee who died September 26, 1892, more than twenty years after the maturity of the mortgage debt. For the purpose of rebutting the presumption of payment which had arisen from lapse of time, the plaintiff offered the following indorsement on the bond recited in the mortgage, under date of April 1, 1885, viz : “ John Bucher paid the interest on the within bond up to April 1,1885; ” (signed) “ John Hart,” and attested by B. B. Flickinger. The attesting witness, Flickinger, was called and testified to the genuineness of John Hart’s signature, but no offer was made to prove that the indorsement was actually written on the bond at the time it bears date. Without further evidence on the subject, the learned trial judge charged that the indorsed acknowledgment rebutted the pre
Judgment reversed and a venire facias de novo awarded.