Jones's Administrators v. Blount's Executors

Per curiam,

Williams and Haywood

The law only, requires the best evidence the party has in his power.'— The subscribing witness must be produced when there is one; if he. be dead, proof of his handwriting may be admitted ; and if the handwriting of the witness cannot be proven, then proof of the handwriting of the obligor may be received ; this affording a strong evidence that the ob-ligor meant to make himself chargeable by that signature. And the Defendant in the present case, was permitted to prove the handwriting of the obligor.

Note. Vide note to Clements & Co. v. Eason & Wright, ante 18.