DeFord v. Green

Citations

• 15 Del. 316

Syllabus

<p>Pleading. Practice.—The Court will, upon motion of plaintiff, order memorandum pleas of payment, satisfaction and release to be drawn out.</p> <p>Same.—Set-off and act of limitations are not proper pleas to a scire facias on a judgment, and will be stricken off on motion.</p> <p>Presumptive Payment. Where a debt due by specialty, has not been demanded by the plaintiff, or acknowledged or recognized by the defendant for twenty years, and nothing shown to account for the delay, the debt is presumed to have been fully paid and satisfied.</p> <p>Same. Rebutted. Presumptive payment may be rebutted by an admission of the existence of the debt, and that it is due and unpaid, by the insolvency of the defendant or by the absence of the defendant from the State.</p>