case Serle against Barrington Thursday June S c bro p c and Edward e r with  note in debt by a executrix on a bind of thirtyfive year stand if the  defendant plead to loosen ad diem and rely upon the presumption of law that  the bind be pay be more than twenty year old the plaintiff may rebut that  presumption by show a endorsement of the payment of interest for one year  after the bind be nine year old write in the hand of the testator S c Eq Abr S  c stram S c ld ray S c Peer wms S c bro p c this be a action of debt bring by  a executrix upon a old bind for money due to the intestate and upon oyer of  the bind and the condition thereof it appear to be date in the nine year of  William the three which be thirtyfive year pass and thereupon the defendant  plead to loosen ad diem upon which they be at issue at the trial the defendant  offer to prove the issue by presumption I e this be a bind of more than twenty  year stand and no interest be pay in all that time it must be presume that the  principal be pay on the day modern report to encounter this presumption the  plaintiff offer to give another presumption in evidence and that be a  endorsement of the payment of interest for one year after the bind be nine  year old which endorsement be write with the testator own hand the question be  whether that shall be give in evidence at the trial it be prove that after the  death of the testator this bind be find among his paper and that the testator  be esteem a honest man No evidence be modern report er p give to prove whether  the endorsement be make by the obligee or obligor or that this endorsement be  ever see by any person upon which the plaintiff be nonprossed Pratt chief  justice order that this matter shall be refer by way of a case state for the  opinion of the court it be argue for the plaintiff that though it be a general  rule that no man can be evidence in his own cause yet where the necessity of  the case require it he shall be a witness as on the statute of Winton where  the person rob be allow to be evidence for himself to prove the robbery so  where a servant be admit to be evidence to prove the delivery of his master  good to a carrier though at the same time he swear to discharge himself and  this be from the necessity in such case because probable there may be no other  evidence to prove those fact beside in this case the endorsement be of the  intestate handwriting shall rather be give in evidence because it be to prove  money pay in discharge of what be owe by the defendant and it will be very  hard to require any other proof because none can he have of such transaction  but his own endorsement and the allow it to be give in evidence be not a admit  it to be a sufficient proof for the jury to find for the plaintiff but to let  it have its due weight that they may consider upon the whole merit it be  insist for the defendant that this shall not be give in evidence for if it  shall it will be in the power of any man who can get a old bind into his  possession to charge the obligor again after the money pay by make such a  endorsement and it will be as unreasonable and as inconvenient to put the  defendant to prove the money pay after so long a time of acquiescence as it  will be to put modern report the plaintiff to prove a actual payment of the  interest thus endorse fortescue and Raymond justice be of opinion that this  case ought to be judicial bring into court by demurrer or by some other proper  method for the plaintiff be nonsuit there be no cause now in court and so  whatever judgement be give it will be extrajudicial and because such judgement  will not determine the case they at first be unwilling to give any judgement  it be true the endorsement make by the obligee charge himself but if the  obligor shall get the bind into his possession he may make as many endorsement  as he will and by that mean wrong the obligee of all the interest and they be  of opinion that this endorsement may be admit in evidence for it be the daily  practice to make such endorsement on bind and general at the request of the  obligor and this be the best and sure evidence of the payment of the money  because acquittance and note may be lose whereas endorsement will continue as  so many brand on the bind into who hand soever it fall as long as the original  lie which create the charge shall continue Pratt chief justice say that at the  trial he incline to be of opinion that the endorsement ought not to be receive  as evidence because it will leave too great a power in a obligee in who  custody the bind always remain to make such endorsement whenever he think  proper they may be make at any time and so no bind can ever be presume satisfy  the court seem clear of opinion that the nonpross can not be set aside yet  adjudge to search precedent Littleton fortescue and Raymond justice be of  opinion that it ought to have be submit to the consideration of the jury S c  stram but the court be of opinion that the nonsuit be record the plaintiff be  out of court and therefore a new trial can not be grant but afterward a new  action be bring on the same bind which be try before Raymond chief justice who  admit the endorsement to be read in evidence S c ld ray and other evidence be  give to induce the jury to believe the bind be not satisfy there be a verdict  for the plaintiff S c brown c p upon which a bill of exception be tender and  sign and judgement give for the plaintiff which judgement be afterward affirm  by the house of lord on a writ of error S c bro can p but it be a general rule  that after twenty year and no interest pay during that time a bind shall be  presume to be satisfy unless something appear to answer that lengthof time  Humphreys v Humphreys Peer wms see also Oswand v leigh term Rep a modern  report er p