Opinion
(April Term, 1792.)
Covenant executed by two cannot be proven by showing the admission of one of the parties.
COVENANT, brought upon an instrument executed by two, and appearing to be under seal, but not attested by any subscribing witness. There was no witness to the execution, but proof was offered by the plaintiff of an acknowledgment by one of the covenantors that the instrument was executed by both; which SPENCER, J., would not admit, and no other evidence being offered, the plaintiff was ordered to be nonsuited; the Court saying he ought to have brought his action on the case, and proof that the instrument was acknowledged is no proof of the sealing, and will not make it to be a deed.