coke b henry Pigot case Trin James see Aldous v Cornwell lr qb Robinson v  mollett lr hl Suffiell v bank of England QBD low v faith App Cas Resolved I  the erasure of a deed by which it become void may be give in evidence under  the plea of non be factum the alteration of a deed by the obligee in a point  material or not material avoid the deed but the alteration by a stranger  without the privity of the obligee do not avoid the deed unless the alteration  be in a material point SC roll Rep more Bulst vent touch Benedict Winchcomb  Esq bring a action of debt against Henry Pigot which be enter Trin James king  rot in banc king on a bind make to the plaintiff in of Mars year James king  the defendant without demand oyer of the bind or condition plead non be factum  and the jury give a special verdict to this effect that the bind be make to  the plaintiff in the same manner as he bad b style roll Rep   light a c n be    light a d Doct pl style salk e more roll Rep   light b Nov Cr car h b h a   b  cro James Cr Elizabeth c now in all case criminal as well as civil the venire  facias be award from the body of the county Vid note b sir Henry Nevils case  ante p a coke report a er p declare and find the bind in these word Noverivi  universiper prsentes our georgium Walkins GeAeros Henry Pigot de civilate oxon  draper etJohannem Pyne de eaden community cordwainer tenerietfirmiter obligarl  blessed one Winchcomb arm in scales c and in truth the plaintiff be sheriff of  the county of Oxford and the condition of the bind be that the say George  Watkins shall appear in the king bench mesne pasch to answer to George cottle  in a plea of trespass and that the say bind be deliver by the say Henry Pigot  as his deed to the use of the plaintiff and that after the delivery of the say  deed hc word sequential videlicet viscount comitalus oxon insert et  interlineat to be in eoden scribe post pr6edicto word blessed one Winchcomb  arm etante Incedicta word in sixty scales superius in obligation proedieta  mentionat without volttia England the privity coke a seu mandat predict  blessed one et utrum sulmr totamaleria c to see justicetCur hic quod scriplum  prd sit factum prwd HeArici neene iidemjur_peniIus ignorant etpelunt  advisamentum cur hic c and in this case these point be resolve when a lawful  deed be raze whereby it become void the obligor may plead non be factum and  give the matter in evidence because at the time of the plea plead it be not  his deed a a Vid full as to what may be give in evidence under plea of non be  factum Whelpdales case   b and note c ib a roll roll Rep Bulstr cro Elizabeth  dyer b pl e b I Ventria Cr car more b roll b c roll jenk cent d roll godb more  roll Rep Bulst bridge Leon e roll Rep Bulst Cr Elizabeth Cr car jenk cent roll  Rep Br non be factum b when a deed be execute by some of the party to it and  afterward a alteration be make but which do not operate upon the provision of  the deed relate to the party who previous execute it such alteration will not  avoid the deed but it will be valid against those execute before as well as  after the alteration do v Bingham b a and where right be vest by the execution  of a deed its subsequent destruction do not divest they uvoodward v Aston vent  Bollon v bishop of Carlisle h b per Holyroyd I do v Bingham b a and Vid bull n  p also where a deed be offer in evidence not to charge any one with a duty or  to operate any thing but to show what have be operate during the time that it  exist as a unimpeachable instrument no alteration material or immaterial be a  objection to its be receive as where a settlement be gain under a indenture of  apprenticeship coke report b er p and in this case it be move at the bar when  a deed shall be good in part and void in part as to that I conceive there be a  difference when a deed be void ab beginning and when it become void by  misfeasance ex post facto also there be a difference when the deed which be  void in part ab beginning do consist upon the entirety and when upon diverse  several clause and in these also there be a difference when the several clause  be absolute and distinct and when they be several and yet the one have  dependency upon the other coke b as a to the first it be unanimous agree in h  c that if some of the covenant of a indenture or of the condition endorse upon  a bind be against law and some good and lawful that in this case the covenant  or condition which be against law be void ab beginning and the other stand  good c and afterward the deed be alter in a material part it be hold that the  deed be admissible in evidence for the purpose of show a legal bind and a  settlement gain prior to such alteration Littleham v saint Leonard KB ms and  the rule that a material alteration by a stranger without the privity of the  obligee vitiate the instrument do not extend to the case of a award Henfree v  Bromley east but it have be decide that a bill of exchange alter after  acceptance by some person unknown in a material part be avoid by such  alteration master v miller TR and when the acceptance of a bill be alter in a  material part by the holder neither be nor any claim through he can recover  upon the bill Tidmarsh v Grover I m S Cowie v Halsall b a Bailey on bill that  edition with respect to the case of master v miller and Henfree v Bromley the  decision seem in principle to be at variance for in neither do the court seem  to have be guide by the nature of the instrument but to have proceed upon  principle applicable to every species of write instrument Mr Sugden treatise  on power d Edward refer to the case of Henfree v Bromley as decide that a deed  alter in a material part by a stranger do not thereby become void for that the  true ground of the rule be the fraud of the party interest Henfree v Bromley  it be true be the case of a award which be not necessary a deed but it be  difficult to find any principle upon which it can be hold that the mere  spoliation by a stranger shall not avoid a award but shall avoid a deed Vid  French v Paton east that a immaterial alteration by a stranger will not avoid  a deed Vid waugh v BusseI taunt SC marsh nor will a alteration by the executor  of the obligee in a place not material and which tend to the benefit of the  obligor the Lord darcy and sharp be case Leon and in policy of insurance a  immaterial alteration even by the assure will not avoid the policy Sanderson v  Symonds Brod and bing SC b more Vid coin dig faits f f vin ab faits t u a Br  non be factum c Vid send for greenwood v bishop of London taunt SC I marsh  Newman v Newman m S note buller v Wigge sand a in Maleverer v Redshaw Mod debt  upon a bail bind Twisden I say he have hear Lord Hobart say that the statute  be like a tyrant when he come he make all void but the commonlaw be like a  nurse father make void only that part where the fault be and preserve the rest  and Vid Norton v Symmesy hob where the same difference be take between the  common and statute law however whether a statute make all void or not depend  upon the word of it the general principal be that if any clause c void by the  statute or by the commonlaw be mix up with good matter which be entire  independent of it the good part stand the rest be void how v sing east do v  pitcher taunt Wigg v Shuttleworth east Kerrison v coal east but if the part  which be good depend u on that which be bad the whole instrument be void  Biddell v leeder barn and Cress SC dow Ryl Vid Morgan v horseman taunt full v  Abbott taunt Gaskell v king east Johnson v Legard m S twine case   a note m b  roll coke report a er p this deed it be good for that which be read and ab  beginning void for the other and this case be agree by Brudnel and pollard in  h a c in h fol a one bring a writ of debt of against another and declare upon  a bind of the same sum the defendant plead that he be a layman and can not  read and that he acknowledge to be bind to the plaintiff by the same deed in S  which he have pay and show a acquittance thereof and as to the remnant of the  sum in the say bind it be not his deed and it be hold a good plea which case  be of one entire sum prove without question that if there be two absolute and  distinct clause in a deed and the one be read to the party not letter and the  other not that the deed be good for the clause which be read and ab beginning  void for the residue and although the deed consist upon a entire sum be void  for the whole as it be agree in h e b a yet it be wise do by the defendant  counsel in h a to plead the truth of his client case and not to leave the  matter upon any question in law when the truth of the matter will take away  all question in e grammatical case ultimo in assize before Stouffe and other  in the country the defendant plead a feoff from the plaintiff to he by deed of  the land in bar to have and to bold to he and his heir comprehend a letter of  attorney to deliver seize c and in truth the plaintiff be a layman not letter  and that the deed with the warrant of attorney be read to he accord to the  form of a estatetail and that upon the same intent he seal and deliver the  deed with the letter of attorney in it to deliver seize in that case although  the clause of the feoff in fee and the warrant of attorney be two several  clause yet forasmuch as the warrant of attorney depend upon the feoff and have  relation to a estate in fee although that be well and true read the whole be  adjudge to be void and there T11orpe justice say that every deed ought to have  write seal and delivery and when any thing shall pass from they who have not  understanding but by hear only it ought to be read also and it be coke a true  that he who be not letter be repute in law as he who can see but hear only and  all his understanding be by his hear and so a man who be letter and can see be  as to this purpose take in law as a man not letter and therefore if a man be  letter and be blind if the deed be read to he in other manner he shall avoid  the deed because all his understanding in such case be by his hear as it be  resolve in the caseof John Shulter of the county of wilts in the starchamber  mich James king who be a man of year at the time of his death d in e a John  Pinschon bring a action of debt against Thomas Gerves and other executor of  John Northgate upon a bind make by the testator of the defendant plead a  release from the plaintiff of all manner of action and also the plaintiff by  that deed have receive of the testator c and the deed be read which express  that he have receive in solution de et etian send back oninimodas act to which  the plaintiff say that the testator be indebt to he in for other contract and  it be agree betwixt they that the plaintiff shall release that and because the  plaintiff be a layman and know not what be write in the deed and what not by  agreement between they the deed be deliver to the say Thomas Gerves now one of  the executor to keep upon such condition that if the deed mention only the in  which he be bind to he by reason of the contract that then the deed shall be  deliver to John Northgate and if not that it shall be deliver to the plaintiff  and there Finchden chief justice say if what you say be true you may safe deny  the deed for as to parcel which be make accord to the agreement the deed be  good and as to the other parcel that a thing be write of which you know  nothing so that as c Br non be factum a e b a roll Rep   d Vid note l Mansers  case   b roll e a e b h a h a b Br estoppel h b Fitzherbert estoppel roll e a  ass h a h b Plowd b Br non be factum   b coke report b er p to parcel you may  acknowledge a deed of parcel and as to parcel which be not read to he deny the  deed and the same be in a manner affirm by Persay but be say it will be absurd  to laypeople to plead non estfactum as to parcel but afterward it seem that  the say bailment to Thomas Gerves be not any delivery of the deed unless the  condition be perform wherefore the defendant show that the condition be  perform and that the deed by the plaintiff assent be deliver to the testator  upon which issue be take videlicet that the deed be not deliver to he in his  lifetime with the plaintiff assent which case be cite in h a to be adjudge but  be there in report by the reporter coke b but a if a deed contain diverse  distinct and absolute covenant if any of the covenant be alter by addition  interlineation orrasure this misf easance ex post facto avoid the whole deed  as it be hold in h for although they be several covenant yet it be but one  deed e b h fol a if two be bind in a bind and afterward the seal of one of  they be break off this misfeasance ex post facto avoid the whole deed against  both vide the case of c Matthewson mich Elizabeth in the five part of my  report fol a f