Spoliation

! 1.

An injury done by one clerk or incumbent to another, in taking the fruits of his benefice without right, but under a pretended title.2 3. Mutilation of an instrument by a stranger. " Alteration " is applied to the act of a party entir tied under an instrument, and imports some fraud or improper design on his part to change its effect. But the act of a stranger, without the participation of the party interested, is a mere "spoliation," or mutilation of the instrument, not changing its legal operation, so long as the writing remains legible, and, if it be a deed, any trace of the seal remains. The law regards a spoliation which destroys the identity of an instru-, ment, as far at least as the rights of the parties are concerned, as an accidental destruction of primary evidence, compelling a resort to that which is secondary.* See Alteration, 2; Spoliator.