
    David Deas ads. Executrix and Executors Marigault, Assignee W. A. Deas. Same ads. Mrs. Marigault, and others.
    On a plea of non est factum to a bond, under the act of 1802, any competent witness may prove the band-writing'of the obligor in the place of the subscribing witness, unless the plea of the defendant be verified by his oath.
    Tried at Charleston, January Term, 1831, before Judge Richardson. Debt on Bond.
    13! EW trials in these cases were moved for hi fore the Constitutional Court in Ch.ukston, on the xullowing grounds:
    1st. Because the plaintiffs were permitted to prove-the execution and delivery of the bonds, by only proving the hand-writing of the defendant j although the witness to the bond was in Charleston or its vicinity, and v.as known to the plaintiffs and their attorney; and the plaintiffs did not prove the hand-writing of the witness.
    2d. Because the plaintiffs did not produce the witness to the assignment of the bonds nor his testimony ; and thus did not produce the best evidence in their power.
    3d. Because the verdict was contrary to law and evidence.
   Mr. Justice Richardson

delivered the opinion of the court.

• In each of these cases, the plea was non est factum, and. in each case, the hand-writing of the obligor, and that of the assignor also, was proved without opposition s though not by the subscribing witness.. This substitution of .one witness for another is, in conformity to the act of 1802, which, according to an early adjudication, and the uniform' practice since,'permits any competent witness, who can, to' prove the hand-writing of an obligor in the place of the subscribing witness, unless the plea of the defendant be vd rifled by his oath.

Simons and Waring, for the motion.

Charles Fraser, contra,

The motion is therefore dismissed in both cases!

Justices Colcock, Nott, and. Gantt, concurred,  