Baxley v. Jackson

Section 10132 of the Code declares:

“All courts have the inherent power, if original papers or records, pertaining to matters of civil jurisdiction, or to civil cases which are pending, or which have been determined, are lost or destroyed, to cause a substitution thereof, and the substituted paper or record is of equal validity with the original.”

This is merely declaratory of the common law. Taylor v. McElrath, 35 Ala. 330; Ala. City, etc., Ry. Co. v. Ventress, 149 Ala. 658, 42 So. 1017.

This power is inherent in probate courts, and the doctrine of laches does not ordinarily bar the relief.…