Brownell v. Oviatt

Citations

• 215 Pa. 514
• 64 A. 670
• 1906 Pa. LEXIS 834

Syllabus

<p>Mortgage — Bond—Evidence.</p> <p>At the trial of a scire facias sur mortgage, the mortgage may be admitted without the accompanying bond. In such a case there is a presumption that the bond has not been discharged.</p> <p>Mortgage — Presumption of payment — Evidence.</p> <p>A lapse of less than twenty years from the time a mortgage became due if aided by other circumstances to support it as a presumption of payment, may be submitted to the jury as a ground for presuming the fact of payment; but where there are no other circumstances tending to support the presumption of payment, and there is evidence that the mortgage had not been paid, the court may give binding instructions for the plaintiff on a scire facias on the mortgage.</p>