The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1856-12-03

If there is a subscribing witness to
any written instrument, he must be pro-
duced if he can be had. This is on the
rule that the best evidence must be pro-
ducee. But if, when produced, be deny
his signature, other Witnesses may be
called to prove it his.
When there is a subscribing witness,
who lives out of the jurisdiction of the
court, proof of his handwriting may be
received.
'Out of the jurisdiction of the court
means residing out of the State.
To show that a subscribing witness
lives out of the State, witnesses may be
called, as in other cases, to prove the
fact.
In all cases, then, the subscribing
witness must be called, or his absence le-
gally accounted for. Until this proof is
made, no evidence, not even the admis-
sions of the maker, can be received to
prove the execution of the instrument.
1t is, therefore, generally better to have
no subscribing witness, except to such
instruments as are required by law to be
SO attested, or those executed by per-
ons who cannot write their names;
but sign with a x. Wills, deeds and
leases, for more than three years, should
be attested by two or more witnesses.
If a deed is lost, so that the subscri-
bling witnesses are unknown; or, if
known, and they have forgotten the fact,
other witnesses may be called to prove
the execution and contents of the deed !;
and for this purpose, the declarations
of the maker of the deed are competent
evidence, if made at the time he signed
the deed.
Any admissions the owner of proper
ty makes, while he holds the title, may
be given in evidence against him, or
those holding under him. The heir
holds the estate subject to all encum-
brances that were on it before it de,
scended to him. To make such decla.
%rations evidence, they must be made by
the person while the title was in him
not, if made after.
The opinion of q witness, as to the
amount of damages in any case, is not
admissible; he can only state the facts
the court or jury estimate the dam.
ages from those facts.
Experts, or those accustomed to ex.
aiming signatures, may give their opin.
ion as to the -genuineness of a signature,
6y comparing it with other signature:
or writings of the partyGDn United to be
genuine.
The rule, that the best evidence mus
be given that the nature of the case ad
mits of, does not require the stronges
possible evidence; but that no evidenc
shall be received that pre-supposes othe
evidence of a higher nature in the pos
session of the party offering it.
Parol evidence cannot be received t.
explain q written instrument, unles
there be an ambiguity in the instru
ment.
A receipt is not conclusive, bat ma,
be explained by parol.
Parol evidence is competent to shov
that n or more signers of a promisso
ry note were sureties only, although Oh
the face of the note they appear as prin
cipals. These last two may be calico
exceptions.
Parol evidence cannot be received t,
contradict record evidence as to a course
or boundary of land.
The custom of the country where tn
contract is made, is a part of the con
tract, and may be proven by parol. Thi
is on the ground that the parties, ii
making it, had reference to the custom
A paper purporting to be a receipt
but being in fact a complete contract
cannot be explained by parol, as can
mere receipt.
Psrol evidence is competent to ex'