
    Alexander Vernon v. James Hammep.
    
      Tried before Mr. Justice Gantt, at Spartanburgh — ■ Spring Term, 1833.
    
      Sum. pro. on note. The subscribing witness to the note on being sworn by the plaintiff, said that he did not* see the defendant sign it, nor was he acquainted with his hand writing. The plaintiff then offered to prove the defendant’s signature by another witness, but the Court refused to receive the evidence, and ordered a nonsuit, which the plaintiff now moves to set aside.
    if th? subscri-®'™r“-rovesh?"^ i» proveí dence.ther
   Curia per

Johnson J.

Evidence of the hand writing of the defendant, was clearly admissible, notwithstanding the subscribing witness proved that he did not see the defendant sign. In Pearson v. Weightman, 1 Constitutional Reports 336, the defendant in trespass, to try titles to land, claimed title to the land in dispute, under the will of Benj. Paul Williams, and the will was established on proof of the hand writing the subscribing witnesses and the testator, notwithstanding all three of the witnesses swore they had not subscribed it. They were all too, men of good character — on that ground,-therefore, the motion must be granted.

Henry, for the motion.

S. Bobo, contra.  