Polk v. Pledge
Polk v. Pledge
Opinion of the Court
delivered tbe opinion of the Court.
At the April Term, 1868, of this Court,, a decree was rendered in this cause, but the decree was not so drawn and entered of record as to carry out the directions contained in the opinion of the Court. Three notes had been executed for slaves purchased at a Chancery sale in 1861. The report of the sale was made out by the commissioner and filed, but no ac-, tion was taken on it until 1866, when a motion to confirm the sale was resisted by the purchasers on the ground that the slaves had been emancipated before any title was vested .in them, and asking that their
By reference to the decree, it is apparent that all the parties to the notes, and in fact the whole case, was regarded by this Court as being before it. It appears also by the opinion of the Court, that the rights and liabilities of the parties to all three of the ■notes were considered and passed upon by the Court.
This Court, at its April Term, 1868, heard the cause, and held that the Chancellor was in error in refusing to confirm the sale, and in ordering the notes of the purchasers to be surrendered and cancelled; and thereupon declared that the decree of the Chancellor be reversed, and that a decree be entered in this Court according to the opinion so announced.
There can be no doubt as to the meaning of the opinion so delivered, and of the direction given as to the decree to be entered. It was distinctly determined, that the several purchasers of the slaves and their sureties were bound upon their notes, and that the decree should be entered on all three of the notes against the parties thereto respectively.
The question is, can the omission be now supplied and the mistake corrected?
By section 2877, “it is provided, the Circuit, Chancery and Supreme Courts, may at any time within twelve months after final judgment or decree, and while the cause is still in such Courts, amend any clerical error, mistake in the calculation of interest, or other mistake or omission in the judgment or decree, where there is sufficient matter apparent on the record, the papers in the cause, or entries of a presiding Judge to amend by.”
By section 2878, “every mistake apparent on the face of the record may be corrected by the Court at any time after final judgment, at the discretion of the Court.”
And by section 2879, “in all the foregoing cases, if the cause has been finally disposed of, and the parties are therefore not before the Court, the party seeking the correction shall give the adverse party ten days notice of his intention to move for a correction of the supposed mistake.”
By section 3932, the opinions of the Judges of
The motion is therefore allowed and a decree will be now entered in pursuance of the opinion of the Court at the April Term, 1868.
Reference
- Full Case Name
- J. J. Polk v. F. L. Pledge
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