Payne v. Payne

— The action -is replevin touching an organ which both the plaintiff and defendant claim as their individual property by gift from W. F. Payne, who is the plaintiff’s father, and the defendant’s former husband. Upon a trial before a jury the defendant recovered a verdict for possession or $40, the assessed value of the article. The plaintiff appeals, and assigns for error that the court admitted illegal evidence, erred in its instructions to the jury, and also erred in overruling an application for continuance, and refusing to grant a new trial on account of .newly discovered evidence.

The…