37 Ala. 543 | Ala. | 1861
In January, 1857, -a final settlement was had of the administration of.-appellant on the estate of George L. Watt, deceased.. Thus the -matter -rested for three years, when these proceedings were set on foot to bring tbe administrator to another settlement; and in such
On what evidence the probate court acted, in vacating the former decree in..part, and rendering a new one', we are not informed.. It is obvious that the record did not furnish evidence that there had. been- any clerical error in the matter of entering up the decree which the court in fact made. On ..the contrary, it. is. clear that the judicial mind -did pass and pronounce on the.question of the amount of assets in the administrator’s hands, and announced the result. .It is. also-clear, that the probate court *did decree and determine.that the settlement then made-^was — what it .purported to be-r — a-final settlement... “A decree .rendered under such circumstances,' is binding . on the parties to i't, until it -is reversed, in- the -proper court; and the court rendering .it -has.no power-to review or.annul it.”— Barnett v. Tarrence, 23 Ala. 467; Allman v. Owen, 31 Ala. 167 ; Moore v. Lesueur, 33 Ala. 243; Norman v. Norman, 3 Ala. 389; Duke v. Duke, 26 Ala. 675-6; Simmons v. Price, 18 Ala. 406; Matthews v. Douthitt, 27 Ala. 276 ; Cannon v. Rogers, at this term ; King v. Smith, 15 Ala. 269 ; Landreth v. Landreth, 12 Ala. 640; Morrison v. Morrison, 3 Stew. 444; Butler v. Ins. Co., 14 Ala. 793; Perkins v. Moore, 16 Ala. 12.
Although it may be, and probably is true, that in the settlement of January, 1S57, there was a failure to charge the appellant with certain assets of the estate in his hands ; yet the final decree then rendered must forever close the door to a re-investigation of that question, in that court. That there must be an end of litigation, and tbat the sanctity and inviolability of the judgments of the courts having competent jurisdiction are of infinitely greater impor-
There being no final decree in the matter of the renewed proceedings, the -appeal must be dismissed.