instrument

not only written instruments and writings, but also engraved or printed instruments, being or purporting to be the act of another; indeed, all and every kind of instrument by the forging of which any person may be affected, bound, or in any way injured in his person or property.

Defined by the Supreme Court in Benson v. McMahon, 127 U.S. 457.

The writing which contains some agreement, and is so called because it has been prepared as a memorial of what has taken place or been agreed upon. Something reduced to writing as a means of evidence. Abbott. A will has been held to be an "instrument." 14 Eq. Cas. 402. The agreement and the instrument in which it is contained are very different things, — the latter being only evidence of the existence of the former.

A document or writing which gives formal expression to a legal act or agreement, for the purpose of creating, securing, modifying, op terminating a right; a writing executed and delivered as the evidence of an act or agreement. The writing which contains some agreement, and is so called because it has been prepared as a memorial of what has taken place or been agreed upon. It includes bills, bonds, conveyances, leases, mortgages, promissory notes, and wills, but scarcely accounts, ordinary letters or memoranda. The agreement and the instrument in which it is contained are very different things, — the latter being only evidence of the existence of the former. The instrument or form of the contract may be valid, but a contract itself may be void on account of fraud. See Aylifife, Parerg. 805; Dun. Adm. Fr. 220. A forthcoming bond is an “instrument for the payment of money.’' Coe v. Straus, 11 Wis, 72. A bank check payable in confederate currency was held not “an instrument payable in money” under the Alabarna Code in relation to commercial paper; Bank of Mobile V. Brown, 42 Ala. 108. A statute requiring “any Instrument of writing” sued on to be filed, does not apply to a contract signed by both parties and deposited with a third person for safe keeping, it applies only to obligations executed only by the party sued; Bowling v. Hax, 55 Mo. 446.

A written document; a formal or legal document in writing, such as a contract, deed, will, bond or lease. State v. Phillips, 157 Ind. 481, 62 N. E. 12; Cardenas v. Miller, 108 Cal. 250, 39 Pac. 783, 49 Am. StRep. 84; Benson v. McMahon, 127 U. S. 457, 8 Sup. Ct 1240, 32 In Ed. 234: Abbott v. Campbell, 69 Neb. 371, 95 N. W. 692. In the law of evidence. Anything which may be presented as evidence to the senses of the adjudicating tribunal. The term "instruments of evidence" includes not merely documents, but witnesses and living things which may be presented for inspection. 1 Whart. Ev. § 615.

— Instrument of appeal. The document by which an appeal is brought in an English matrimonial cause from the president of the probate, divorce, and admiralty division to the full court. It is analogous to a petition. Browne, Div. 322,

— Instrument of evidence. Instrumento of evidence are the media through which the evidence of facia, either disputed or required to be proved, is conveyed to the mind of a judicial tribunal; and they comprise persons, as well as writings. Best, Ev. § 123.

— Instrument of saisine. An instrument in Scotland by which the delivery of "saisine" (i. e., seisin, or the feudal possession of land) is attested. It is subscribed by a notary, in the presence of witnesses, and is executed in pursuance of a "precept of saisine," whereby the "grantor of the deed" desires "any notary public to whom these presents may be presented" to give saisine to the intended grantee or grantees. It must be entered and recorded in the registers of saisines. Mozley & Whitley.

A mean or help to the doing of a means of giving formal expression or effect ments of evidence: media through which conveyed to the minds of the triers.

A written document; In the law of evidence. Anything which may be presented as evidence to Lhe senses of the adjudicating tribunal. Theterm “instruments of evidence” includes not merely documents, but witnesses and living things which may be presented for inspection. 1 Whart. Ev. § 615.