Clark v. Spheen

Citations

• 271 Pa. 91
• 114 A. 496
• 1921 Pa. LEXIS 461

Syllabus

<p>Mortgage — Payment—Possession of bond and mortgage — Presumption as to payment — Rebuttal—Evidence.</p> <p>On scire facias sur mortgage, where defendant show's he is in possession of and produces the original bond and mortgage, there is a presumption of payment; hut such presumption is one of fact only and not of law, and may be rebutted by evidence showing that the alleged payment was not intended as a discharge of the mortgage debt.</p>