Vitiated Writs when presumed Fraudulent, when Innocent. - An impossible condition in a Writ, presumed an error of the Writer.
Mr Edward Wright v. M'Loud
Date: 8 February 1672 Case No. No 215.
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Mr Edward pursuing M'Loud for payment of L.4000, wherein his father was cautioner for another M'Loud; it was alleged, That the bond was vitiated in substantialibus, viz. the principal sum which was superinduced with a new ink, and of merks made pounds. It was replied, That the vitiation could not take away the bond, because the clause for payment of annualrent did evince, that the principal sum was pounds and not merks. The Lords did repel the allegeance, and sustained the bond, notwithstanding it was alleged, that neither principal nor annualrent were sought from the principal or cautioner of the bond these 30 years bygone.
Fol. Dic. v. 2. p. 153. Gosford, MS. No 468. p. 242.
