Penny ex dem. Penny v. Corwithe
New York Supreme Court
EJECTMENT, tried at the Suffolk circuit, in May last, before Mr. Justice Yates. The only question, at the trial, was respecting a boundary line. For the purpose of introducing an award of arbitrators, on the subject in controyersy, the plaintiff offered an agreement of submission to two arbitrators, under the hands and seals of the parties, dated the 9th of April, 1817, to which there were two subscribing witnesses.
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EJECTMENT, tried at the Suffolk circuit, in May last, before Mr. Justice Yates. The only question, at the trial, was respecting a boundary line. For the purpose of introducing an award of arbitrators, on the subject in controyersy, the plaintiff offered an agreement of submission to two arbitrators, under the hands and seals of the parties, dated the 9th of April, 1817, to which there were two subscribing witnesses. This instrument was executed by Theophilus Smith, but it appeared, that his name had been struck out, by drawing a black line through it. On the back of this agreement, was…
1Per curiam
To prove the execution of a sealed instrument, the subscribing witness, if within the jurisdiction of the Court, must be called. It is the peculiar office of such a witness to speak to the acts of signing, sealing, and delivery. But the question of rasure stands on a different footing. It is a fact, as to which the subscribing witnesses are not, particularly, and exclusively, called upon to attend. In the present case, it appeared, from the evidence of the subscribing witness, that Smith’s name must have been struck out after the execution of the instrument, and after the attestation of the…
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