Parsons v. Cannon's

Citations

• 27 Del. 298
• 4 Boyce 298
• 88 A. 470
• 1912 Del. LEXIS 11

Syllabus

<p>1. Judgment—Payment—Presumption from Lapse of Time.</p> <p>While there is no statute of limitations respecting debts due on specialties and judgments, the courts have created a presumption of payment of a debt due on a specialty or judgment, where there has been no demand by the plaintiff or acknowledgment or recognition by the defendant for twenty years.</p> <p>2. Judgment—Specialty Debts—Presumption of Payment—Entry of Judgment.</p> <p>Where twenty years had expired since the execution of a specialty evidencing a debt, and containing a warrant of attorney authorizing the creditor to enter judgment, before judgment was entered, it would be presumed that the debt was paid, and the creditor’s executor was not entitled to enter judgment on the debt after the expiration of such time without rebutting the presumption by satisfactory evidence.</p> <p>3. Judgment—Confession—Warrant of Attorney—Termination.</p> <p>Where a specialty evidencing a debt authorized the creditor to enter judgment, but twenty years expired without judgment being entered, it would be presumed that the warrant of attorney had been revoked.</p> <p>4. Judgment—Wrongful Entry—Debt—Presumption of Payment— Rule to Vacate Judgment—Scope of Proceeding.</p> <p>Where judgment was wrongfully entered on a specialty by the creditor's executor after more than twenty years had expired since the execution of the instrument, the court, on a rule to show cause why the judgment should not be set aside, would not hear testimony to rebut the presumption of payment of the debt; the executor being confined to an action at law to prove the debt.</p>