Adams v. Higgins

Citations

• 23 Fla. 13

Syllabus

<p>1. The effect of an amendment nuno pro tuno of the entry or record of a judgment is, as between the parties thereto and except as to certain third parties, to make the judgment of the same effect as if the defects, on account of which it was amended, had never-existed.</p> <p>2. The object and effect of an amendment nuno pro tuno of a judgment-is to furnish proper evidence of facts properly done by the court, but not properly exhibited by its record, and such evidence is-furnished nuno pro tuno for the purpose of supporting those acts-which, though the proper consequence of a judgment, would seem to be irregular and void, because there was no proper evidence of a judgment.</p> <p>3. A sale of lands of a deceased person under an execution to be levied “ of the goods and chattels, lands and tenements, of J. S. D., as-administrator of the estate ” of such deceased person, is valid, such execution having been issued upon a judgment, the entry of which, though originally defective as a judgment to be satisfied out of the estate of the deceased, was subsequent to such sale amended nuno pro tuno, on regular proceedings, so as to evidence a formal judgment of the character indicated. Such execution, though not in proper form, was sufficiently so to show upon its face that its purpose was to be satisfied out of the deceased’s property, aud not the individual estate of the administrator. The effect in law as to the amendment was to render the judgment as existing from the time of its original or imperfect entry, in its perfect or amended form, and as such in law, the basis of the execution upon which the sale was made.</p> <p>4. Defects in writs of execution do not vitiate sales unless they are such as render the writs void and are not amendable.</p> <p>5. Amendments of judgments and executions may be made after sales of property under them.</p> <p>6. The amendment nunc, pro tuna of a writ of execution makes it, as between the parties, as if the defect had never existed.</