Interlineation
A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839
A Law Dictionary, Adapted to the Constitution and Laws of the United States
in contracts, evidence, is writing between two lines. Interlineations are made either before or after the execution of an instrument. ‘Those made before should be noted previous to its execution; those made after are made either by the party in whose favour they are, or by strangers. When made by the party himself, whether the interlineation be material or immaterial, they render the deed void, 1 Gall. Rep. 71, unless made with the consent of the opposite party.
Vide 11 Co. 27 a; 9 Mass. Rep. 307; 15 Johns. R. 293; 1 Dall. R. 67.
When the interlineation is made by a stranger, if it be immaterial, it will not vitiate the instrument, but if it be material, it will in general avoid it. Vide Cruise, Dig. tit.
32, c. 26, s. 8; Com. Dig. Fait, F 1.
The presumption is, that a material interlineation was made after the execution of an instrument, unless the contrary be proved. 1 Dall.67. ‘This doctrine corresponds nearly with the rules of the canon law on this subject. The canonists have examined it with care.
Vide