Supreme Court of Alabama January 15, 1871 (Flowers v. Bitting)

B. F. SAFFOLD, J.

The bill of exchange, the foundation of the suit, had the appellant’s name signed to it as *449drawer and indorser, by his mark in the usual way, but without an attesting '.witness.

The mark of a person who cannot write is not his signature, unless his name is written near it, and it is witnessed by a person who writes his own name as a witness. —Rev. Code, 1.