Opinion
(Spring Riding, 1799.)
THIS case now being on, MOORE, J., was of opinion that the witness was incompetent.
NOTE. — See S. c. 2 N.C. 139, and the note thereto. See, also, Sanders v. Ferrill, 23 N.C. 97, which holds that where the subscribing witness to any instrument, except a negotiable one, becomes interested in a suit brought by him, his handwriting may be proved to establish the execution of the instrument, whether his interest was thrown upon him by operation of law or was acquired by his own voluntary act.
(102)