A. Miller & Bro. v. Hahn

Skith, G. S.

The mare, the ownership of which is the subject of controversy, belonged to Calvin Herring, under whom both parties claim.

1. The plaintiffs produced in evidence a hill of sale bearing the signatures of Calvin Herring and of a subscribing witness, already proved and registered,- and in proof of execution, was permitted, on objection, to show that the subscribing witness was dead and the maker out of the state, and that the names of each affixed to the instrument were in their own proper hand-writing respectively. The witness also testified that he was present and saw each of them…