Reports of Cases Argued And Determined in the Supreme Court of the State of Vermont : Reported By the Judges of Said Court, Agreeably to a Statute Law of the State
Reports of Cases Argued And Determined in the Supreme Court of the State of Vermont : Reported By the Judges of Said Court, Agreeably to a Statute Law of the State
Vermont. Supreme Court
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293, Platt, J., says " that a material alteration, though made by a stranger, without the pri- vity of the party claiming under it, renders the deed void, is a proposition to which I am not ready to assent." In Bees v. Overbaugh, 6 Cowen 746, it was decided, that if a stranger tear a seal from a deed, it shall not destroy it. In Nichols v. Johnson, 5 Comst. 192, it was held that an alter* ation of a written instrument by a stranger, though mat e ri al, Digitized by Google JANUARY TERM, 1868. 52...7 Blgelow&HoagUnd v. Stilphens. will not render such instrument inoperative. Church, J., in delivering the opinion of the court, says : " It can hardly be con- ceived, if a deed or other instrument in writing is not rendered inoperative, by either a mistaken alteration or its loss, or even entire destruction, how it can be, by an unauthorised intermed- dling of a stranger." We think the rule, as indicated by reason and authority, is, that an alteration of a written instrument by a stranger without authority does not render such instrument void.
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