Erasure, or RAZURE, as it is more commonly called in England, from the Latin rado, 'I scrape or shave,' is the scraping or shaving of a deed or other formal writing. In England, except in the case of a will, the presumption, in the absence of rebutting evidence, is that the erasure was made at or before execution. If an alteration or erasure has been made in any instrument subsequent to its execution, that fact ought to be mentioned (in the abstract, or epitome of the evidences of ownership), together with the circumstances under which it is done. A fraudulent alteration, if made by the person himself taking under it, would vitiate his interest altogether. It was formerly considered that an alteration, erasure, or Interlineation (q.v.) would void the whole instrument, even in those cases where it was made by a stranger; but the law is now otherwise, as it is clearly settled that no alteration made by a stranger will prevent the contents of an instrument from retaining its original effect and operation, where it can be plainly shown what that effect and operation actually was. To accomplish this, the mutilated instrument may be given in evidence as far as its contents appear; and evidence will be admitted to show what portions have been altered or erased, and also the words contained in such altered or erased parts; but if, for want of such evidence, or any deficiency or uncertainty arising out of it, the original contents of the instrument cannot be ascertained, then the old rule would become applicable, or, more correctly speaking, the mutilated instrument would become void for uncertainty. If a will contains any alterations or erasures, the attention of the witnesses ought to be directed to the particular parts in which such alterations occur, and they ought to place their initials in the margin opposite, before the will is executed, and to notice this having been done by a memorandum, added to the attestation clause at the end of the will. For the English law on this subject, see Taylor, Law of Evidence (8th ed. 1885).
In Scotland, the rule as to erasure is somewhat stricter than in England—the legal inference being that such alterations were made after execution. As to necessary or bonâ fide alterations which may be desired by the parties, corrections of clerical errors, and the like, after the deed is written out, but before signature, the rule in Scotland is that ‘the deed must show that they have been advisedly adopted by the party; and this will be effected by mentioning them in the body of the writing. Thus, if some words are erased and others superinduced, you mention that the superinduced words were written on an erasure; if words are simply delete, that fact is noticed; if words are added, it ought to be on the margin, and such additions signed by the party, with his Christian name on one side, and his surname on the other; and such marginal addition must be noticed in the body of the writ, so as to specify the page on which it occurs, the writer of it, and that it is subscribed by the attesting witnesses.’ See Menzies’s Lectures on Conveyancing. The Roman rule was that the alterations should be made by the party himself, and a formal clause was introduced into their deeds to this effect, ‘Lituras, inductiones, superinductiones, ipse feci.’ As a general rule, alterations with the pen are in all cases to be preferred to erasure; and suspicion will be most effectually removed by not obliterating the words altered so completely as to conceal the nature of the correction. ‘The worst kind of deletion,’ says Lord Stair, ‘is when the words deleted cannot be read (but if they are scored that they can be read, it will appear whether they be de substantialibus), for if they cannot be read, they will be esteemed to be such, unless the contrary appear by what precedes and follows, or that there be a marginal note, bearing the deletion, from such a word to such a word, to be of consent.’ The law of the United States follows that of England in this matter.