Sentney v. Overton

OPINION of the Court, by

Ch. J. Boyie.

We are of opinion that the court below erred in rejecting evidence of the hand writing of the parties to an instrument produced by the appellants to prove the nature and extent of their possession, under the circumstances stated in the first bill of exception taken by them. It appears that two of the subscribing witnesses were dead, and that the third, being the only one living, had removed to the state of Ohio.

The absence of the witness in the state of Ohio certainly put it as much out of the power of the court to coerce his attendance, as if he had been…