21 S.E. 562 | N.C. | 1895
It was not a sufficient objection to the introduction of the mortgage that the subscribing witness thereto, by whom its execution was proved when admitted to probate, was the mortgagee therein. The Code, sec. 1351, removes the disqualification attaching formerly to witnesses having an interest. The mortgagee in this case, not coming within any of the exceptions (Code, sec. 590; Bunn v. Todd,
Nor was it incumbent upon the party offering the mortgage to show that its execution was duly authorized. The common seal being affixed is primafacie evidence that it was affixed by proper authority. 1 Devlin Deeds, sec. 341. It was competent for the opposite party to go behind the seal and show that it was not affixed by the legally exercised authority of the company. Duke v. Markham,
No Error.
Cited: Bernhardt v. Brown,