Chamblee v. Cole
Supreme Court of Alabama
Appeal from tlie Probate Court of Jefferson. ■ • I-Iearct before the Hon. J. P. Stiles'. - This was a proceeding by petition in theyourt below to vacate a decree of said court- rendered at a former trial by which a homestead exemption was set apart to a widow and minor children before administration. The petition was filed by appellee, who alleges she is an heir at law of the decedent.
Read the full summary
Appeal from tlie Probate Court of Jefferson. ■ • I-Iearct before the Hon. J. P. Stiles'. - This was a proceeding by petition in theyourt below to vacate a decree of said court- rendered at a former trial by which a homestead exemption was set apart to a widow and minor children before administration. The petition was filed by appellee, who alleges she is an heir at law of the decedent. It was alleged and the record in the probate court disclosed that the petition upon which the decree sought to he vacated was based, contained only ,the following allegation as to the real estate owned by tbe…
1Opinion of the CourtTyson, J.
It is well settled that where a decree, void for want of jurisdiction, has "been rendered, the court rendering it. possesses the inherent "power; and should on motion, vacate said decree. It is a nullity *651and the court may at any subsequent term vacate it. 3 Brick. Dig. 584, § 124. If not void, the court has no power to alter, vary or annul it after the expiration of the term at which it .was, rendered, except for clerical error or omission on evidence shown by the record. Baker v. Barcliff, 76 Ala. 414; Buchanan v. Thomason, 70 Ala. 401.
It is equally as ’well settled that Where the court,…
2Cases cited6 opinions
- Pettus v. McClannahanSupreme Court of Alabama · 1875
- Buchanan v. ThomasonSupreme Court of Alabama · 1881
- Robertson v. BradfordSupreme Court of Alabama · 1881
- Brooks v. JohnsSupreme Court of Alabama · 1898
- Baker v. BarcliftSupreme Court of Alabama · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Sweeney v. TritschSupreme Court of Alabama · 1907
- Craig v. RootSupreme Court of Alabama · 1946
- Griffin v. ProctorSupreme Court of Alabama · 1943
- Keenum v. DodsonSupreme Court of Alabama · 1924
- Campbell v. BeyersSupreme Court of Alabama · 1914
33 more not listed; retrieve them via the Exa API.