Percy T. Stiers v. James I. Martin

After this Court affirmed a judgment awarding damages to the plaintiff, 1 the defendant filed a motion in the District Court under Rule 60(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., by which he sought a new trial upon the ground of newly discovered evidence and fraud. Attached to the motion were the affidavits of three persons stating that the plaintiff rented and planted only three acres of the defendant’s land, rather than ten acres as the plaintiff’s evidence showed and the District Court found.

Who his tenants were and what acreage they planted, the defendant knew, though he…