case Markham against GONASTON Trinity term Elizabeth roll if a deed after  execution he alter in a material place by the party or a stranger as by a  insertion of the Christian name or addition of the obligor or of a condition  though for the advantage of the obligor he may plead non be factum and a see  car c and will c S and Com dig croak Elizabeth er p avoid the deed but the  obligee may afterward have a action on the case against the person who make  the alteration and recover damage for the injury although in sue upon the deed  he be nonsuit upon the issue that the alteration be not make after the seal  and delivery post roll ab   more LRoll Rep Leon lev   a     light cro car  action upon the case whereas the plaintiff and sir Francis Willoughby may  Elizabeth be bind in a reconusance of to William Tracy Esq at the request of  the say sir Francis Willoughby and for his debt with a condition for the  payment of upon the Nov follow and whereas sir Francis Willoughbyj may  Elizabeth agree with the plaintiff that he and Geffrey fox will he oblige to  the plaintiff by a obligation of l with a condition for the payment of the say  l upon the say Nov and to save he harmless from the say reconusance and from  all damage and loss by reason thereof and whereas upon the say may Elizabeth  the defendant at the request of the say sir Francis Willoughby writ Mrmam  prcedicli scribe obligatorii and of the condition leave a space in the say  condition for diverse English word to he put therein videlicet quinld line  inter hcec word a et Tracy and another space in the same line c and so mention  diverse and afterward upon the same may and Elizabeth the say Geffrey fox seal  scribe obligatorium prcedictum with the say space therein and deliver it to  the defendant have the say space therein not fill up to the use of the  plaintiff as his deed that the deferfdant fraudulent and malicious intend to  deceive the plaintiff and to avoid the say bind quoad the plaintiff postea the  same day and year without the assent or notice of the plaintiff fill up the  say space videlicet in the first space interlining the word William and in the  second space betwixt the word a et Tracy interpose these word of Raglay and so  of other and that the say be not pay at he day and that afterward William  Tracy sue a to know facias upon this reconusance and have judgement upon two  nihils return and have execution thereupon and allege in facto that by reason  of this interposition of these word the obligation have lose its force and he  be deprive of his remedy to recover his debt to his damage c the defendant  plead that he be servant to sir Francis Willoughby and by his command writ  this obligation leave the space therein for the inscribe of the say word after  the ensealing and delivery thereof by the say g fox and that he writ it accord  and that after the ensealing and delivery thereof by g fox to the plaintiff  use and before the plaintiff have any notice of that obligation he by the  command of sir Francis Willoughby his master do fill up the say space by the  assent of the say g fox and that afterward sir Francis Willoughby seal and  deliver it to the plaintiff use whereto the plaintiff agree and traverse that  he falsb fraudulently et wicked fill up the say space modus etforma c and it  be thereupon demurrer first it be hold by all the court that the addition of a  condition to a obligation which be single although it he for the advantage of  the obligor shall avoid the deed be do by the obligee or any stranger for he  be put to have his remedy a nst the stranger by a action upon the croak  Elizabeth case vide Henry pl en pl Henry folultimo so of a razure of a  condition Edward pl Henry pl Edward pl this interposition also of the word in  the condition of the obligation be word material as it be agree by all the  court that they be avoid the deed for it be parcel of the deed and by those  word the condition be alter for whereas before it do not appear to which of  the tracies the reconusance be enter it be now make certain and it may be that  it be now to another man than in truth it be but although it be not so yet it  be alter for whereas it before rest upon a averment yet it be now alter and if  before it be void for want of those word as they conceive it be it be now make  good by insert of they which alter the deed and therefore it be ill and  although this alteration be for the benefit of the obligor yet it be do  material for the deed ought always to remain as it be at the beginning and  therefore Fenner say that it be adjudge in the common plea that where fecknam  dean of Paul make a lease for year render as croak Elizabeth er p be the  intention but the indenture of the lease be but the counterpart be the lessee  afterward accord to the intention and tp make it agree with the counterpart  make it and so it be for the benefit of the lessor yet it be rule that for  this cause the lease be void so here vide Henry pl and Elizabeth dyer it be  also resolve that although it be fill up by the appointment of his master that  shall not excuse he from the ill fact and although it be do before notice of  the delivery of the obligation to the plaintiff use yet it be hold that it be  not material for present by the delivery to the plaintiff use it vest in he  without notice and the obligor have no further to ni ddle therewith for be for  his benefit it vest in he before the agreement and be not countermandable as  Henry pl S and although the interposition of those word be by the assent of  the obligor after the obligation be seal yet it be not to any purpose but if  it have be appoint by the obligor before the ensealing and delivery thereof  that it shall he afterward fill up Popham say it may then peradventure have be  good enbugh and it shall not have make the deed to he void but be after it  shall avoid the deed wherefore it be adjudge for the plaintiff note Markham  have before bring debt in the common plea upon this obligation against g fox  who plead the fill up of the space after the bind seal and deliver and so not  his deed and it be hold clear to be a good cause of avoid the bind wherefore  he there take issue that they be not fill up after the seal and delivery which  be prove at the nisi prius he be nonsuit wherefore for his remedy he bring  this action and it be adjudge accord for the plaintiff and a writ award to  inquire of damage