Evening journal., 1895-05-22
A VERY OLD JUDGEMENT
Discovered BY Lawyer and
Litigation Follows.
EIBLDs MOVES FOR A EoK-sU1T

The Surviving Executor OF Bepiamin
Deford, of Baltimore Seeks to Re-
cover on a Judgment Obtained Against
Thomas Green In 1s54-The Defendant
Seeks Protection Behind the Law
Limiting judgment Liens to Twenty
Years.
John Biggs made the announcement IN
the Superior Court this morning that the
case Of Elmer ID Reed vs.. the Glens
Falls Insurance Company had been
settled IL was striken from the list
! Colonel Nields asked for leave to amend
Rn the .,ase Of Benjamin Deford 9
surviving executor VS.. Thomas Green
IL was denied A jury was then drawn
aud trial OF the case proceeded Thomas
Davis and Alexander b. Cooper
represented the plaintiff and Colonel
Nields the defendant
Mr.. Davis informed the Jury that. In
1854. Benjamin Deford and Isaac Deford.
trading in Baltimore as Deford & son
got Judgment against Green for 90 241 20.
The judgment has remained unpaid from
that day TO this; OF rather, 81, 932 20
bas remained unpaid, with interest due
on II from September 30 1854 Bsnjsmin
Deford died IN 1883 and Isaac Deford In
1870 BENJAMIN f. Deford and
CathGrine A. Webb we're the ex
cutors Of the estate Mrs.
Webb died and that left Beniamin F.
Deford as the surviving executor. He
did not discover until December, 1898.
that the Judgment was held by the estate
against Green When he did 30 he
immediately proceeded to try and recover
the money.
story was materially the same as that
related by Mr. Davis.
In cross examination Colonel Nields
asked him how he first learned that the
judgment bad never been paid. He
replied that Lawyer Davis had written
to him aud told him so. He retained
him 20 recover the money.
This admission eau ed a smile TO pass
around the room The colonel would
have prosecuted his Inquiries further
had not the court stopped him.
The witness said that he could not
find the books of original entry, but he
produced the firms ledger, which was
offered inevedenee
Harry Hoff, of Baltimore, gave testi.
mony rs to the entries In the ledger
Alfred Shaffner, who was at one time
office boy In Thomas Davis's law
Office, was sworn His testimony re-
lated to a conversation which hs over
heard between Mr. Davis and Green. the
defendant. Shsifner said that Green
told Mr. Davis that he had paid of part
Of the amount due on the judgment, and
that he had left the state soon after
Judgment WAS obtained
Mr.. Greeu. stated under oath, that be
left the state one year after the execution
Of the judgment and remained away for
ten years.
Clarence Clayton. clerk In the Office OF
the recorder OF deeds, took the stand.
He said that he had examined the records
from September /, 1854, to September ],
1867, and found nothing OF record con
corning real estate owned by Green.
Mr. Cooper called Mr.. Davis TO the
stand and proposed to have him testify
as to the conversation he had with Green.
The court refused to allow him to do It,
The plaintiff rested and Colonel Nlelds
moved for non.sult on the
ground that there had not been
sufficient evidence presented to
rebut the presumption that the iudg-
ment had been paid. the law presuming
that judgment bad been paid after
twenty years have elapsed. Argument
on the motion was In progress when |
court took its noon recess