Baker v. Barclift
Supreme Court of Alabama
Appeal from the Circuit Court of Blount. Tried before the Hon. Leroy F. Box. This action was brought by John M. Hoyle, as the administrator de bonis non of the insolvent estate of Alexander Baker, deceased (and revived in the name of Henry II.
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Appeal from the Circuit Court of Blount. Tried before the Hon. Leroy F. Box. This action was brought by John M. Hoyle, as the administrator de bonis non of the insolvent estate of Alexander Baker, deceased (and revived in the name of Henry II. Barclift, his successor in the administration), against William H. Baker, to recover the possession of a tract of land particularly described in the complaint; and was commenced on the 15th April, 1880. The defendant pleaded not guilty, the statute of limitations of ten years, and suggested the erection of valuable improvements under adverse possession…
1Opinion of the CourtOlopton, J.
— It is a well settled principle, that a court has no power to alter, vary or annul final judgments, not void, after the expiration of the term at which they were rendered, except for the correction of clerical errors or omissions, or to amend nune pro taino on the record. It is also well settled, that when a judgment, void for want of jurisdiction, has been rendered, the court has the power, and will, on a proper application, vacate such judgment, at any time subsequent to its rendition. — Buchanan v. Thomason, 70 Ala. 401.
On the application of the administrator of the insolvent estate of…
2Cases cited8 opinions
- Donley v. CampSupreme Court of Alabama · 1853
- Buchanan v. ThomasonSupreme Court of Alabama · 1881
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Lawson's Adm'r v. Lay'sSupreme Court of Alabama · 1854
- Barron v. TartSupreme Court of Alabama · 1851
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Wilkerson v. WilkersonSupreme Court of Alabama · 1935
- Griffin v. ProctorSupreme Court of Alabama · 1943
- Miller v. JonesSupreme Court of Alabama · 1885
- Black v. Pratt Coal & Coke Co.Supreme Court of Alabama · 1888
- Chamblee v. ColeSupreme Court of Alabama · 1900
17 more not listed; retrieve them via the Exa API.