Wicker v. Jones
Supreme Court of North Carolina
Appeal from Ooolce, J., at July Term, 1911, of Lee. This was originally a processioning proceeding, and it appearing that title to tbe land was in controversy, it was trans"ferred to tbe. civil-issue docket by consent of all parties, and pleadings were filed.
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Appeal from Ooolce, J., at July Term, 1911, of Lee. This was originally a processioning proceeding, and it appearing that title to tbe land was in controversy, it was trans"ferred to tbe. civil-issue docket by consent of all parties, and pleadings were filed. Tbe plaintiff complained for tbe possession of certain lands alleged, to be in possession of defendants, and for a judgment clearing tbe title of certain other parts of tbe same tract aleged to be in plaintiff’s possession. Tbe defendants admitted possession of a portion of tbe land described in tbe complaint, wbicb part was described by…
1Opinion of the CourtAllen, J.
When we speak of an alteration in a writing, we refer to the legal acceptation of the- term, which implies a change made after its execution, and while an erasure or inter-lineation may be alteration, it is not such if made before tbe final execution of tbe writing.
Under tbe rule of tbe ancient common law, as illustrated in its earliest decisions, it was held that any alteration, however insignificant, rendered tbe writing void, and that tbe judge must pass on tbe whole question (Pigot’s case, 11 R., 26b), but this was modified even in tbe time of Lord Golee, to tbe extent that- tbe…
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