Deliaven's Estate

Citations

• 41 Pa. Super. 382

Syllabus

<p>Statute of limitations — Charge on land — Acts of March 27,1713,1 Sm. L. 76, and April 27, 1855, P. L. 368 — Demand or acknowledgment within twenty-one years — Findings of fact.</p> <p>1. The character and weight of evidence required to rebut the presumption of payment of a charge upon land is under the Act of April 27, 1855, P. L. 368, very different from that required to establish a new claim or cause of action where there has been an absolute bar to recovery under the statute of limitations of March 27,1713,1 Sm. L. 76. Under the act of 1855 all that is necessary to prove to rebut the presumption that a charge on land had been paid is, that within twenty-one years a claim or demand had been made by the claimant, or payment, declaration or acknowledgment of the existence of the claim had been made by the debtor.</p> <p>2. A finding by the orphans' court based upon competent evidence that a claim or demand had been made for the payment of a charge upon land within twenty-one years, and a payment on account or acknowledgment of the existence of the claim had been made by the debtor within the same period, will not be reversed by the appellate court in the absence of manifest error.</p> <p>Courts — Jurisdiction—Supreme Court — Superior Court.</p> <p>3. The Superior Court has no power to review the action of the Supreme Court in directing that an adjudication of the orphans’ court should be open so that additional testimony might be taken.</p>