Page:Federal Reporter, 1st Series, Volume 7.djvu/771

. PLANT, IJ. GUNN. 759 �and interest due. This would, at least, be sufficient to have put Plant & Son on inquiry ; and if they had followed it up, they would have found in the files of the office a judgment entered up for the principal and for interest to a blank date, although the figures or amounts were not inserted in the blanks left for the interest or the date. But, on the same paper and immediately above it, he would have fouijd the verdict, (entered also on the declaration,) and the verdict is as certain as it can well be, for the principal, "with interest from the fourteenth day of April, 1860." Amendments authorized by the record can always be made, as a matter of course. The record imports verity, and the court can control its pro- ceedings so as to make one portion of a record in which there is a clerical error, or an immaterial omission, conform toanother; part of it, which supplies the omission or remedies the defect. Plant & Son must be held chargeable with notice of. thie legal right of Gunn tohave the blank in the judgment filled 80 as to contain the interest carried by the verdict. The decision, therefore, must be that the judgment, as c:on- strued by the verdict on which it was based, and by the other portions of the record, was a judgment from its date, both for principal and interest. �The only cases cited by counsel for the complainants, in in opposition • to the effect given by this; ruling to the amended judgment, are cases where the right of amendment was not allowed, after a loug lapse of time, to affect the equities of bona fide purchasers whp paid a valuable consid- eration for property held by them. Plant & Son are not within this rnle. They extended no credit — they invested no money — on the faith of the form in which the Gunn judg- ment stood. They took their mortgage to secure an ante- cedent debt, and they cannot be allowed to intervene between the original judgment and amended judgment ofanother crediter, so as to eut oS. the rights of the creditor. in the amended judgment, where the original judgment, with the record, carried notice of the rights of the creditor to have the amended judgment. �Complainant's counsel asked that the court woiild maks a ��� �