Cobb v. Keith

Opinion of the Court by

Judge Tilford

Affirming.

The chancellor sustained appellee’s demurrer to a petition filed by appellant and another, seeking, on the ground of newly discovered material evidence, a new trial of an action in which appellee had obtained judgment against them for $500, plus interest and costs; and the sole question presented by* this appeal from the judgment dismissing the petition is whether the petition stated a cause of action.

The “newly discovered evidence” consisted of a recorded quitclaim deed executed by appellee’s decedent to appellant and his co-defendant in the…