Metcalf v. Metcalf
Supreme Court of Alabama
ERROR, to the Court of Probate of Dale county. On the 14th August, 1849, a decree nunc pro tunc was rendered as of the March term, 1848, by the Court of Probate of Dale county, in favor of Isaac Metcalf against John and Mary Metealf, administrators of Anthony Metcalf, for the amount of his distributive share of the estate of said decedent.
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ERROR, to the Court of Probate of Dale county. On the 14th August, 1849, a decree nunc pro tunc was rendered as of the March term, 1848, by the Court of Probate of Dale county, in favor of Isaac Metcalf against John and Mary Metealf, administrators of Anthony Metcalf, for the amount of his distributive share of the estate of said decedent. The mem-oranda upon which the decree nunc pro tunc was rendered, are set out in the record, and are as follows : “ Joshua Morris, heir of A. Metcalf, use of J. W. Williamson v. Adm’rs. Judgment on demurrer. Leave to amend granted on payment of costs of the…
1Opinion of the CourtParsons, J.
There are numerous decisions of this court-covering the points presented by the assignment ©f errors-in this-case.—Miller v. Thompson, 2 Stew. 470; Wilkinson v. Goldthwaite, 1 Stew. & Port. 159; Moody v. Keener, 9 Port. 252; Brown v. Bartlett, 2 Ala. 30; ib. 164; Benford v. Daniels, 13 Ala. 667; Bondurant v. Thompson, 15 Ala. 202. It is well settled by these decisions, that a record cam only be amended by some matter of record; and that parol evidence is not admissible for this purpose. In Brown v. Bartlett, supra, it is held that if no- warrant fox? the amendment appears in the record, none…
2Cases cited4 opinions
- Thompson v. MillerSupreme Court of Alabama · 1830
- Benford v. DanielsSupreme Court of Alabama · 1848
- Bondurant v. Thompson's DistributeesSupreme Court of Alabama · 1849
- Moody v. KeenerSupreme Court of Alabama · 1839
3Cited by10 opinions
- DuBoise v. DuBoiseSupreme Court of Alabama · 1963
- Chester v. GravesCourt of Appeals of Kentucky · 1914
- Rogers v. Biggstaff'sCourt of Appeals of Kentucky · 1917
- In re Dewar's EstateMontana Supreme Court · 1891
- Bruce's v. Strickland's Adm'rSupreme Court of Alabama · 1872
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