McWILLIAMS v. McWILLIAMS

16950.

206 Ga. 493 (1950)

57 S.E.2d 599

McWILLIAMS et al v. McWILLIAMS et al.

Supreme Court of Georgia.

February 13, 1950.


Attorney(s) appearing for the Case

James R. Venable, H. C. Morgan, and Frank T. Grizzard, for plaintiffs.

H. O. Hubert Jr., and W. E. Cobb, for defendants.


ATKINSON, Presiding Justice.

(After stating the foregoing facts.) The evidence to establish the non-payment of the notes in question was not sufficient to overcome the presumption of payment by reason of the lapse of time from the date the notes were due and the time of the institution of the proceedings. The last of the notes here in question was due November 1, 1914; and the action depending upon the non-payment thereof was not instituted until January 22, 1946...

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