Bishop's Heirs v. Hampton
Supreme Court of Alabama
Esrob. to the Court of Probate of St. Clair-. The facts of this case upon which the questions of law arise, may be thus stated: Joel Chandler was duly appointed administrator of the estate of Harris G. Bishop, by the Orphans’ Court of St. Clair, and on the 11th day of March, 1836, the following order was made by said court and entered upon the minutes of the court; “This day came into court Joel Chandler-, administrator of the estate of Harris G. Bishop^ deceased, and makes…
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Esrob. to the Court of Probate of St. Clair-. The facts of this case upon which the questions of law arise, may be thus stated: Joel Chandler was duly appointed administrator of the estate of Harris G. Bishop, by the Orphans’ Court of St. Clair, and on the 11th day of March, 1836, the following order was made by said court and entered upon the minutes of the court; “This day came into court Joel Chandler-, administrator of the estate of Harris G. Bishop^ deceased, and makes report to the court that said estate is perfectly solvent^ and that it would be of infinite benefit to the heirs of said…
1Opinion of the CourtLargan, C. J.
If an entire record, or a part thereof, is lost or destroyed, another may be substituted in its stead upon proof of the contents of that which is lost. This has been so -often decided by this court that the question is not open to controversy.—Joyce v. Dozier, 8 Por. 303; Williams v. Powell, 9 ib. 493; McKenzie v. Bonham, 5 Ala. 608; McLendon v. Jones, 8 Ala. 298. But I have found no case that goes so far as to hold that whena:part only is lost, it may be substituted, and its contents shown by parol proof to be repugnant to or inconsistent^ with the part remaining. And I am entirely satisfied…
2Cases cited3 opinions
- McLendon v. JonesSupreme Court of Alabama · 1845
- Heirs of Bishop v. HamptonSupreme Court of Alabama · 1849
- Wilkerson v. BranhamSupreme Court of Alabama · 1843
3Cited by7 opinions
- Pettit's Adm'r v. Pettit's DistributeesSupreme Court of Alabama · 1858
- Keen v. JordanSupreme Court of Florida · 1869
- Wise v. StateSupreme Court of Alabama · 1922
- Gammon v. KnudsonSupreme Court of Iowa · 1877
- Lilly v. LarkinSupreme Court of Alabama · 1880
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