Ellis v. Smith

We do not find it necessary to consider in detail any of the twelve grounds contained in the motion for a new trial, except the two hereafter specifically considered. It is sufficient as to the others to say that there was certainly no error on the part of the presiding judge in refusing to compel the production of the plat and grant, when, under the plain letter of the law, no oath or statement was made that the plaintiffs had reason to believe that the paper was in the possession or control of the defendants, and that it was material to the issue. Under other of these grounds, no error is…