Opinion
(October Term, 1787.)
Where a subscribing witness to a bond is a nonresident of the State, his handwriting can be proved.
Motion by Penn to prove the bond, by examining evidences of the handwriting of the subscribing witness, who was resident of another state. All the bar, except Johnston, joined in the argument of this question, being one they wished settled. And the Court determined in favor of the motion.
NOTE. — See Irving v. Irving, 3 N.C. 27; Ingram v. Hall, post, 69; S. c., 2 N.C. 193. Note to Clements v. Eason, 2 N.C. 18, and McKinder v. Littlejohn, 23 N.C. 66.
(5)