Vanderburg v. Campbell
Mississippi Supreme Court
Appeal from the Circuit Court of Warren County. Hon. Ralph North, Judge. Ellen R. Vanderburg brought this action of ejectment against Bettie Cunningham to recover possession of a certain piece of land in Warren County. Wr. W. Campbell, landlord of Bettie Cunningham, was admitted to defend.
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Appeal from the Circuit Court of Warren County. Hon. Ralph North, Judge. Ellen R. Vanderburg brought this action of ejectment against Bettie Cunningham to recover possession of a certain piece of land in Warren County. Wr. W. Campbell, landlord of Bettie Cunningham, was admitted to defend. It appears that the lots of plaintiff and defendant adjoined a certain road known as the “Ridge Road,” being the boundary line between them, the land of the former lying on the west side, and that of the latter on the east side thereof. On the trial the sole question in dispute was the location of this…
1Opinion of the CourtArnold, J.
No valid reason is shown for setting aside the verdict on the first trial. The affidavit for the new trial, in so far as it relates to *95the newly discovered evidence in reference to the location of the road, is defective and insufficient, because it fails to show that the affiant had made any effort to discover the testimony which he alleged existed on that subject, or that it could not have been discovered and obtained by reasonable diligence at the first trial. Watson v. Dickens, 12 S. & M. 608 ; Cooper v. The State, 53 Miss. 393.
With no error of law, and with numerous witnesses on each side…
2Cases cited2 opinions
- Moore v. Chicago, St. Louis & New Orleans RailroadMississippi Supreme Court · 1881
- Cooper v. StateMississippi Supreme Court · 1876
3Cited by6 opinions
- Patterson v. StateSupreme Court of Alabama · 1932
- Carraway v. StateMississippi Supreme Court · 1933
- Ennis v. Yazoo & M. V. R.Mississippi Supreme Court · 1918
- Redmond v. MarshallMississippi Supreme Court · 1931
- Williams v. WilliamsMississippi Supreme Court · 1936
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