30 Ala. 270 | Ala. | 1857
By section 1915 of the Code, the court of chancery is authorized to correct any error of law or fact whieh has occurred “in the settlement of the estate of a decedent,” to the injury of a party, “without any fault or neglect on his part,” if a bill for that purpose is filed Avithin two years after the final settlement of the estate. But the court of chancery is not authorized, either by statute or common law, to revise the decree of the probate judge of Mobile county, rendered since the Code went into effect, in a proceeding commenced by a writ of ad quod damnum issued under the act of December 25th, 1841, (Pamphlet Acts of 1841, p. 5,) upon any ground, Avhich either aauis tried, or might have been tried, by the probate judge in that proceeding. A court of chancery cannot sit as a court of errors, upon such a decree, nor grant relief for more errors in it, hoAvever numerous or glaring they may be. Nor does that court sit to encourage negligence or inattention in the prosecution or defense of suits in other courts, or to relieve parties from the consequences of such negligence.
The main ground relied on for relief in this case, is, that
Tbe bill evidently proceeds on tbe idea, that under tbe agreement, tbe complainant was entitled to notice of tbe time when tbe probate judge would render bis decree; and that tbe probate judge was bound, in good faith, by tbe agreement, not to render bis decree until he had read tbe opinion of tbe supreme court in tbe case therein referred to, or heard it read. And proceeding on this idea, tbe bill treats tbe rendition of tbe decree without notice to complainant, and before the judge bad read tbe opinion of tbe supreme court or beard it read, as a constructive fraud upon tbe complainant, whereby be was injured by being deprived of taking a bill of exceptions. Tbe construction put by tbe complainant upon tbe agreement, is unauthorized by its terms and tbe circumstances under which it was made. Under tbe agreement, be was not entitled to notice of the-time when tbe judge would render bis decree, provided tbe judge did not render bis decree until after tbe opinion of tbe supreme court bad been announced, and be bad heard of tbe result. Tbe agreement did not relieve tbe complainant from tbe vigilance required by law of him as a suitor, except for tbe interval occurring between tbe time when the agreement was made and tbe time when tbe opinion of supreme court in tbe case therein referred to was announced.
Upon a just construction of the complainant’s bill, we deem it impossible to say that he has been deprived of his bill of exceptions, or right of revision, “without negligence or fault on his part.” Onthe contrary, we think Ms alleged grievances are the results, mainly, if not entirely, of his own fault and negligence. If he had used proper diligence, there would have been no necessity for a resort to a court of chancery. His neglect cannot create for him a title to relief. He must bear the consequences of his neglect. Cullum v. Casey, 1 Ala. 351; Pharr v. Reynolds, 3 Ala. 521; Taliaferro v. Branch Bank at Montgomery, 23 Ala. 755; Logan v. Outen, 4 Bibb, 399; Yancey v. Downer, 5 Litt. 8; Risher v. Roush, 2 Missouri, 95; Pettes v. Bank of Whitehall, 17 Vermont, 435; Barrow v. Jones, 1 J. J. Marsh. 470.
The decree of the chancellor is erroneous. It is reversed, and a decree must be here rendered, dismissing the bill, and dissolving the injunction; and the appellee must pay the costs of the appeal, and of the court below.