Collins v. Cowart

(After stating the foregoing facts.)

The fourth ground of the amended motion for new trial alleges error in the court’s refusal to continue the case in order to procure the testimony of Dr. J. J. Kennedy, who, it was claimed, was a material witness to the issue to be tried, and that he had been subpoenaed, etc., and “I [B. C. Collins] expect to prove by him that the property (the land) the houses are on has never been in dispute; he has never owned that land and has never claimed it. Back yonder, Dr. Kennedy claimed to have bought from Mrs. *338Wealthy Edenfield four acres of land, and he sold it…