Jones v. . Lewis
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Franklin County, at the Fall Term, 1847, Ms Honor Judge Battle presiding. The plaintiff’s ease, as alleged, is as follows. Hixie Jones died in the year, 1823, seized and possessed, of the premises in dispute, leaving five children, to-wit: Willie Jones, Lydia Witcher, Eliza Jones, John C. Jones, and Atlas Jones.
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Appeal from the Superior Court of Law of Franklin County, at the Fall Term, 1847, Ms Honor Judge Battle presiding. The plaintiff’s ease, as alleged, is as follows. Hixie Jones died in the year, 1823, seized and possessed, of the premises in dispute, leaving five children, to-wit: Willie Jones, Lydia Witcher, Eliza Jones, John C. Jones, and Atlas Jones. He claims three undivided fifth parts, as lessee of the three first named children, and two undivided fifth parts, as lessee of Jesse Person. To show and make out the title of Jesse Person, the plaintiff gave in evidence the transcripts of…
1Opinion of the CourtNash, J.
The objection cannot avail the defendant. We have been so repeatedly called on to express our opinion upon this subject, that we had hoped, it would have been well known to the profession. The language of the Court in King’s case, 5 Ired. 204, is emphatic— “ the power resides in every Court, to amend the entry on its minutes, or the records of its orders and judgments, nunc pro tunc, and that no Court could incidentally question the verity of the record as amended.” When the amendment is ordered, it is the duty of the clerk to obey the order ; not by entering it on the record to be amended,…
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