¶1The subscribing witness not having seen the deed executed, it is the same as if there was no witness at all; and in that case the hand-writing may be proved by another witness. As to the objection that the sealing and delivery ought to be proved, I am clearly of opinion, that if the signature is proved to be the defendant's hand-writing, we ought to presume that it was sealed and delivered.
1 N.C. 17
Grellier v. Neale
Superior Court of North Carolina
Decided April 15, 1795
Superior Court of North Carolina · decided 1795-04-15
TO prove a partnerlhip deed, the plaintiff’s counsel called the subscribing witness, who said the did not see the deed executed; but that William Neale brought it to her, and desired her to put her name thereto as a subscribing witness, which she did: none of the other defendants being present.
Decided 1795-04-15