Fox's Lessee v. Palmer

2 U.S. 214, 2 Dall. 214

Opinion

By the Court:—

A subscribing witness attests nothing but the sealing and delivery of the deed: The date is a matter which he does not attest, and to which he seldom attends. By the rules of the Common Lav/, the fubferibing witneffes ihould be produced by the plaintiff to prove the execution of. the deed ; and furely it'would be their competent to the defendant to crofs-examine them, as to the real time of the delivery. But even if they were called to-contradict their own previous atteftation, the exception rather applies to their credit, than to their competency.

The objection over-ruled.