Acklen v. Acklen
Supreme Court of Alabama
Appeal from Chancery Court of Madison. Heard before Hon. Wi. Skinner. The appellant, as administrator of the estate of A. A. AeMen, deceased, on the first of September, 1866, filed his petition and schedules, duly verified, in the probate court of Madison county, alleging the insolvency of the estate he represented.
Read the full summary
Appeal from Chancery Court of Madison. Heard before Hon. Wi. Skinner. The appellant, as administrator of the estate of A. A. AeMen, deceased, on the first of September, 1866, filed his petition and schedules, duly verified, in the probate court of Madison county, alleging the insolvency of the estate he represented. The court appointed the 8th of October, 1866, as the day for hearing the petition, on which day no contest was presented by the creditors, and no further action was had by the court, until July 13th, 1867, when a-decree of insolvency was entered nunc pro tunc, as of October 8th,…
1Opinion of the CourtB. F. Saffold, J.
The sole question at issue in this case is, whether a decree of insolvency entered nunc pro tunc by the probate court, on the 16th day of July, 1867, shall take effect against the creditors of the estate in: reference to filing their claims from the date of its entry, or from the 8th of October, 1866, the time when it should have been made.
The decree was entered under the provision of section 796 (5a) of the Revised Code, which is as follows :
“ Judges of probate have authority to complete the minute entries and decrees in causes in their courts, when the same are incomplete on account of…
2Cited by4 opinions
- McClannahan v. SmithSupreme Court of Missouri · 1882
- Eastham v. SallisTexas Supreme Court · 1884
- Atoka State Bank v. CheekSupreme Court of Oklahoma · 1925
- Coe v. ErbOhio Supreme Court · 1898