Davis v. Gray

Opinion oí the Court.

THIS is an appeal from a judgment of the court be* low, on a caveat between two conflicting claims originating urídér the laws of this commonwealth, rendered in favor of the appellee, who was defendant below.

1. The first error assigned, questions the propriety of the decision of the court below, overruling a motion for a continuance. This motion was based on an affidavit made by the appellant’s agent, who appears to have conducted the „cause throughout. The affidavit does, in substance, show a necessity for amending the survey, for the purpose'of correcting what surveying…