Cattcel

s 1.

To dra-w lines over the face of an instrument, in the forms of latticework.

3.

To oblitei-ate, deface, efface, expunge; to do away with, set aside, strike out of existence.

3.

To satisfy, pay. A deed may be rendered of no effect by delivering it up to be canceled; that is, to have lines drawn over it in the form of lattice-work: though 'the phrase is now used figuratively for any manner of obliteration or defacing it.* To draw cross-lines over the face of an instrument is a common mode of showing an intention thereby to make an end of it as an instrument in force. In earlier times, when few persons could lyrite, the mass of men could manifest their intention, with pen and ink, only by unlettered marks... When the instrument is so marked by the maker as to show clearly that the act was designed to be a canceling, that act becomes effectual as a revocation of a will by canceling.' Cancel is not a technical word. In a statute of wills it is presumed to retain its popular meaning... A canceled bond or note has meant exclusively a bond or note over which lattice-work lines have been drawn... Revocation of a will by cancellation means by any act done to the paper which, in common imder- ^nding, is regarded as cancellation when done to anyother instrument.^ In a contract, may not be equivalent to rescind; may mean no more than " doing away with " an existing agreement upon the terms, with the consequences, mentioned.'"' Cancellation will be ordered, by a court of equity, of a writing which was obtained without consideration, or which became a nullity, or which may cause injury to the plaintiff, or be used to vex him after the evidence to impeach it has been lost, or which may throw a cloud over histitle.^ ' Day v. Pittsburgh, &c.

B. Co., 44, Ohio St. 418 (1886); Pittsburgh, &o. R. Co. v. Bruce, 102 Pa. 33 (1882). a Exp. Boyer, 109 U. S. 682 (1884).