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1 S. & M. 89

Guise v. Middleton

Mississippi Chancery Courts

Decided December 15, 1843

Mississippi Chancery Courts · decided 1843-12-15

Upon motion to amend the decree made in this case : The amendment desired, is- to obtain a change in the length of time required by the decree for the publication of the property. The decree is an ordinary one ,for the sale of mortgaged premises, and counsel, in drafting the decree, (it was not drawn up by myself,) by inadvertence, inserted six months, instead of six weeks, the usual period. The mistake was not detected until after the decree was signed by your Honor.

Decided 1843-12-15

Chancellor.

¶1I have been in the habit of allowing counsel to designate the length of publication in decrees of this sort, without prescribing any limit, except to see that the notice be reasonable and fair. It is a matter in which the parties in interest have been left to their own discretion, except that the Court will not permit injustice to be done.

¶2But, unless the minutes of the Court show something to correct *90the decree by, or the law affixes a positive limitation, the decree, after it has been enrolled, cannot be altered.

¶3The rule is this : That any mere misprision of the clerk, or error in the calculation of principal or interest, apparent upon the face of the decree or' record, the Court will order, as a matter of course, to be amended, after enrolment, or .even after the term has elapsed. Such errors must be corrected, to preserve the consistency of the records, by which they must be regulated. Any error, not apparent of record, cannot be amended after enrollment.

¶4The Court cannot, therefore, in a matter so material as the length of time for which the property must be advertised, where the minutes show nothing whatever to amend by, order the correction. Had I been prescribing, myself, the proper time for the publication to continue, I should probably not have exceeded one sixth the period now required by the decree ; but I have allowed counsel a discretion ; they have exercised it, it may be, improvidently ; but I cannot now alter it.

¶5Let the motion be overruled.

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