
    Lesley and others surviving executors of Lesley against Nones.
    
      Wednesday, December 12.
    A scire facias may issue upon a judgment though upwards often years old, without application to the Court, or affidavit.
    The law does not positively presume payment of a judgment after nineteen vears: that is a question for thejury.
    A judgment was recovered in this Court, at December Term, 1799, by Peter Lesley against Benjamin Nones, the defendant. The plaintiffs issued.a scire facias post annum et diem, on this judgment, to December Term, 1818. The defendant pleaded nul tiel record, and payment with leave, &c., and issues being joined, a verdict was taken by agreement for the plaintiff, subject to the opinion of the Court on the matters appearing on the record, it being admitted that the parties all lived in the city of Philadelphia.
    
    
      Phillips, for the defendant,
    now contended, that no scire „ i. . - . . , . . facias will lie on a judgment more than ten years old, without application to the Court, and affidavit that the debt is unpaid : and that after so great a lapse of time, the legal presumption is that the debt is paid. He cited 2 Tid’s Pract. 1807. Lansing v. Lyons, 9 Johns. 84. Har.disty v. Barny, 2 Salk. 598..
   By the Court.

The cases cited from the English and New York reports, are founded On rules of Court, not on any principle of the common law. But we have no such rules, and therefore the common law must govern, which has fixed no time of limitation to the issuing of a scire facias <?n a judgment. As to the presumption of payment, that was a question for the jury. This Court cannot say, that after nineteen years, the law positively presumes payment of a judgment. On that point therefore, the defendant has no ground for a judgment in his favour. It is the opinion of the Court, that judgment should be entered for the plaintiffs.

Judgment for the plaintiffs.  