8 Ark. 63
Decided January 15, 1852
Supreme Court of Arkansas · decided 1852-01-15
Writ of Error to Marion Circuit Court. Tins was a suit brought by Lane against Farmer, upon the following bond, before a Justice of the Peace: “Twelve months after date, we or either of us promise to pay Josiah Lane, administrator of Baker Tyler, deceased the sum of sixteen dollars and 43|- cents, without discount or defalcation, for value received of him; as witness our hands and seals, this July 18th day, 1844.
Cited by 2 later decisions — most recently May 1926
1 federal appellate · 1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1852-01-15
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¶1delivered the opinion of the Court.
¶2Proof of execution of the order in question wras an indispensable pre-requisite to its being read in evidence. Had this been done, then its possession by the debtor on whom it was drawn, was •prima facie evidence that he had paid it according to its tenor. (2 Greenl. Ev., p. 492, sec. 518.)
¶3The judgment must be reversed, and the cause remanded.