Lucas v. Lively

The sole question for determination in this cause is whether the showing of diligence made by defendants below in support of their supplemental motion for new trial, on the ground of newly discovered evidence, was sufficient to require the trial court to sustain the motion. The trial court overruled the motion and defendants appeal.

Plaintiffs Shelton L. Lively and Victor McClanahan brought the action against defendants Sarah Augusta Lucas, W. W. Lucas, and others, to quiet their title to a tract of land in Seminole county. They alleged possession, and ownership by virtue of a county…