Grellier v. Neale

Superior Court of North Carolina

Grellier v. Neale

1 N.C. 17

DecidedApril 15, 1795

StatusPublished

This text of 1 N.C. 17 (Grellier v. Neale) is published on Counsel Stack Legal Research, covering Superior Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Grellier v. Neale, 1 N.C. 17 (N.C. Ct. App. 1795).

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Opinion

Lord Kenyon.

The 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.

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Lord Kenyon.

The 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.

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Bluebook (online)

1 N.C. 17, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grellier-v-neale-ncsuperct-1795.