designatio persona

DESIGNATIO PERSONAE. The persons described in a contract as being parties to 
it. 
     2. In all contracts, under seal, there must be some designatio 
personae. In general, the names of the parties,appear in the body of the 
deed, "between A B of, &c., of the one part, and C D of, &c., of the other 
part," being the common formula. But there is a sufficient designation and 
description of the party to be charged, if his name is written at the foot 
of the instrument. 
     3. A deed alleged to have been made between plaintiff and defendant 
began as follows: "Tis agreed that a gray nag bought of A B by C D shall run 
twenty five miles in two hours for X, In witness whereof, we have hereunto 
set our hands and seals." The plaintiff and defendant subscribed their names 
at the bottom of the writing, and afterwards sealed and delivered the 
document as their deed. Held, that the omission to state the names of the 
contracting parties in the body of the instrument, was supplied by the 
signatures at the bottom, and it sufficiently appeared whose deed it was. 1 
Raym. 2; 1 Salk. 214 2 B. & P. 339. 
     4. When a person is described in the body of the instrument by the name 
of James, and he signs the name of John, on being sued by the latter name he 
cannot deny it. 3 Taunt. 505; Cro. Eliz. 897, n. (a.) Vide 11 Ad. & Ell. 
594; 3 P. & D. 271.