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![handle is hein.slavery/ssactsal0670 and id is 1 raw text is: titled to a new trial on application, where the judg- New trial.
ments were obtained or the decrees procured on con-
tracts made during the time designated, where it was
agreed between the parties or understood that the same
should be discharged by a payment in Confederate cur- Proviso.
rency or treasury notes; Provided, the court shall be
satisfied, from al the facts submitted by aflidavit by
both parties, that a good and meritorious defense exists;
And provided further, such applications for a new trial
are made within twelve months from the adoption of
this ordinance.
Sic. 3. Be it further ordained, That in all cases
where judgments or decrees have been rendered since
the 11th day of January, 1861, to this date, the party
against whom such judgment or decrees have been ob-
tained, shall be eniitled to a new trial, upon affidavit New trial.
showing a meritorious defense ; P'rovidled, the court
shall be satisfied from all the facts that may be sub-
mitted by both parties, that a good and meritorious de-
fense exists; And provided, application shall be made Proviso.
within twelve months from the adoption of thig ordi-
nance ; that all judgments rendered in any of the
courts of this State, against defendants, where the con-
sideration was for the purchase money or hire of a slave
or slaves. are hereby declared to be null and void.
Passed, December 6, 1867.
No. 40.] AN ORDINANCE
To allow widows, orphans, and others, to review the
validity of sales and settlements of estates made by
guardians, trustees, &c.
Be it ordained by the people of the State of Alabama in
Covention aseembled, That it shall be obligatory upon
the legislature to pass such laws as may be necessary to Review of do-
authorize and direct the courts of probate, courts ofoiions.
chancery, and all other courts of this State, to re-exam-
ine and review all decisions heretofore made in cases in
which the validity of sales of persons acting in a fidu-
ciary capacity as executors, administrators, guard-
ians, trustees, or otherwise, of property for Com
federate bonds, treasury notes, or other securities, has
187
1888.](ViewImageLocal?handle=hein.slavery/ssactsal0670&div=1&collection=&method=preview&ext=.png&size=3)