Hummel v. Lilly

Citations

• 188 Pa. 463
• 41 A. 613
• 1898 Pa. LEXIS 630

Syllabus

<p>Judgment — Revival of judgment — Presumption of payment — Pleading— Evidence.</p> <p>Alter twenty years the law presumes that every debt is paid, no matter liow solemn the instrument may be by which such debt is evidenced; and until such presumption is rebutted, it alone is sufficient to defeat a recovery if no promise to pay or no payment on account has been made within twenty years.</p> <p>On a scire facias to revive a judgment more than twenty years old, an averment in the statement that no part of the interest or principal of the debt had ever been paid does not rebut the presumption of payment; and if the affidavit of defense affirmatively avers the presumption of payment it is not rebutted by an additional averment in the affidavit, made to meet the claim set up against him, that the defendant “has not made anew promise nor paid anything on account of said judgment.”</p>