Gilbert v. Beck
Supreme Court of Alabama
Appeal from the Probate Court of Walker. This was a motion by the appellant in the court below to substitute a decree, the original records of the court having been destroyed in 1865 by the burning of the court house. The facts of the case are stated in the opinion of the court.
1Opinion of the CourtByrd, J.
It does not appear in what respect the court required the appellant to amend the notice. The statute (Pam. Acts of 1865-6, p. 48,) makes the notice “ the basis of the motion.” It appears, from the motion of appellees to dismiss the motion of appellant, that the decree proposed to be substituted was rendered on the final settlement of the estate of Sarah Gilbert, deceased, and was in favor of appellant and others, distributees of the estate, and the notice describes it as in favor of appellant “ as one of the distributees of said estate.”
The decree proposed to be substituted, as set out in the…
2Cases cited3 opinions
- Bondurant v. Sibley's HeirsSupreme Court of Alabama · 1861
- Moore c. McGuireSupreme Court of Alabama · 1855
- Newsom v. HueySupreme Court of Alabama · 1860