Mash v. Daniel & Co.

HEAD, J. The case of Johnson & Co. v. Davis, 95 Ala. 293,- settles, in principle, that when the maker of a paper and another both hold the pen and make the mark, near to the maker’s name, with intention on the part of the maker to execute the instrument, the making of the mark is the act of the maker, and not the other party who holds the pen with him. Affirmed.