Grellier v. Neale

1 N.C. 17

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.