Field v. Proctor

This is an action to recover a small strip of 4.65 acres of land lying along a disputed dividing line between the premises of the parties. The verdict was for the plaintiff, and the assignment of error is upon a judgment overruling the defendant's motion for new trial. The three special grounds of. the motion are based on alleged newly discovered evidence, in substance as follows: (1), The testimony of a witness (who testified at length and in much detail on the trial, in behalf of the defendant), to the effect that some twelve or fourteen years previously the plaintiff pointed out to him “ a…