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OSBORNE ESTATE

382 Pa. 306 (1955)

Osborne Estate.

Supreme Court of Pennsylvania.

June 27, 1955.

Attorney(s) appearing for the Case

Stanley Jakubowski, for appellant.

Robert J. Lindsay, Jr., for appellee.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE ALLEN M. STEARNE, June 27, 1955:

The question involved is whether after twenty years, in the absence of affirmative evidence of payment or acknowledgment of indebtedness, does proof that the books and records of a building and loan association mortgagee disclose no evidence of payment rebut the presumption of payment? The Orphans' Court ruled such evidence insufficient. This appeal followed.

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