Carter v. Spurlock

CLAY, Commissioner.

This suit was brought by appellees to set aside a deed and to have the appellant grantee declared a trustee. The' court adjudged that the appellant convey a'one-third undivided interest in the land to each of the appellees and that he account to them ás trustee.

The judgment was entered on November 17,1953, and' no appeal was taken. : On June 29, 1954, appellant filed a motion for a new trial on the ground of newly discovered evidence. Apparently this motion was made under CR 60.02, and it was overruled.

About three years prior to his death, the father of appellant and…