Stephens v. Epperson

Opinion op the Court by

Sims, Commissioner

Affirming.

The appellants, W. A. Stephens and wife, as the plaintiffs below, instituted this action against Thomas Epperson to vacate a judgment he recovered against them and to obtain a new trial. The plaintiffs sought to enjoin the master commissioner and the sheriff from selling certain lands under an execution issued upon the judgment sought to be vacated, but we are not concerned with this phase of the case. The petition seeks a new trial on the following grounds: 1. Newly discovered evidence; 2. unavoidable casualty and misfortune; 3. the judgment…