Kelley Trust Co. v. Lundell Land & Lumber Co.

Hart, J.,

(after stating the facts). The plaintiff and the defendant both claim title at a sale under a decree in the overdue tax proceeding. The defendant deraigns title under the original decree rendered at the November term, 1882, of the Phillips Chancery Court, and the plaintiff deraigns title under what purports to be a decree mmc pro tunc rendered in tbe overdue tax case at the May term, 1883.

It is well settled that, in any case where a judgment or a decree has been actually rendered but not entered on the record, in consequence of an accident or mistake, or the neglect of the clerk, the…