Chriswell v. Campbell

Opinion op the Court by

Judge Perry

Reversing.

Tbis action was instituted by tbe appellees under Section 344, as defined by subsection 7 of Section 340, Civil Code of Practice, for a new trial on the ground of newly discovered evidence, and to set aside tbe judgment rendered in tbe Wayne circuit court adjudging tbe appellants to be tbe owners of tbe certain 75 acre tract of land in controversy, and wbicb judgment was on appeal affirmed by tbis court on December 1, 1936. Campbell et al. v. Chriswell et al., 267 Ky. 593, 102 S. W. (2d) 359.

Tbe original action was brought on August 29, 1934, by tbe…