Pettus v. McClannahan
Supreme Court of Alabama
Appeal from the Probate Court of Lauderdale. On the bearing of the application of John D. McClannahan, a minor, by next friend, to vacate,.annul, and set aside a sale of lands of the estate of James McClannaban, made under order of the probate court in tbe year 1860, the following facts were proved : — ■ - • 1. On tbe 10th of December, 1860, W. W. Pettus, administrator of James McClannahan, filed in tbe probate court bis sworn petition praying a sale of- his intestate’s…
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Appeal from the Probate Court of Lauderdale. On the bearing of the application of John D. McClannahan, a minor, by next friend, to vacate,.annul, and set aside a sale of lands of the estate of James McClannaban, made under order of the probate court in tbe year 1860, the following facts were proved : — ■ - • 1. On tbe 10th of December, 1860, W. W. Pettus, administrator of James McClannahan, filed in tbe probate court bis sworn petition praying a sale of- his intestate’s lands, for the purpose of paying debts. Tbe petition alleges tbe residence and death of the intestate in that county, Ms…
1Opinion of the CourtBrickell, C. J.
If a judgment or decree is not void for want of jurisdiction, the court rendering it, whether it is a court of superior or inferior, of general or limited jurisdiction, has not power, at a term subsequent to its rendition, to vacate or alter it. The correction of clerical misprisions is the extent of the power the court can subsequently exercise. Johnson v. Glasscock, 2 Ala. 522; 2 Brick. Dig. 141, § 150. The rule *58rests upon the clear and intelligible principle, that the interests of society demand there should be a termination to each controversy ; or, as it is expressed in the familiar…
2Cases cited6 opinions
- Wyatt's Adm'r v. RamboSupreme Court of Alabama · 1857
- Field's Heirs v. GoldsbySupreme Court of Alabama · 1856
- Commissioners' Court v. ThompsonSupreme Court of Alabama · 1851
- Hamner v. MasonSupreme Court of Alabama · 1854
- Carter v. WaughSupreme Court of Alabama · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Sweeney v. TritschSupreme Court of Alabama · 1907
- Wilkerson v. WilkersonSupreme Court of Alabama · 1935
- Dunklin v. WilsonSupreme Court of Alabama · 1879
- Griffin v. ProctorSupreme Court of Alabama · 1943
- Johnson v. JohnsonSupreme Court of Alabama · 1913
51 more not listed; retrieve them via the Exa API.