Vitiated Writs when presumed Fraudulent, when Innocent. - An impossible condition in a Writ, presumed an error of the Writer.
Christian Lawson v. The Creditors of Lindsay of Pyeston
Date: 14 December 1697 Case No. No 217.
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It was a nullity and objection against her father's inhibition, that the execution had only Alexander, and wanted the word Lawson in the body, but it was interlined. Answered, In the register where it is recorded, it is fair and clear, which proves this was so when it was given in to be registered, and is not a vitiation since. Neither is it material though one's name be omitted, if it be mended; and what if it had been inserted on the margin; for it is certain he had some sirname, and it cannot be pretended this is disconform to the letters of inhibition. The Lords looking to it, found it no superinduction upon another name, which would be a suspicious razure and vitiation, but only a mere omission of the sirname, which was supplied by interlining it; and therefore repelled the objection and sustained the inhibition.
Fol. Dic. v. 2. p. 153. Fountainhall, v. 1. p. 802.
