Newbern,

September Term, 1795.

#### ELLIS’s ADMINISTRATOR versus HETFIELD.

COVENANT and non est sactum pleaded. Martin, for the plaintiff, offered to give evidence of the hand-writing of the plaintiff, who was the only subscribing witness to the specialty; and cited Godfrey vs. Norris, 1 Strange, 34.

This was objected to by Slade, for the defendant: but

Admitted by the Court, Williams, J. and Haywood, J.

And, proof having given of the subscribing witness’s hand-writing:

Williams, J.

required that the signature of the defendant should also be proved.

Haywood, J. tacente

It was accordingly done, and the plaintiff had a verdict.