Morris v. Thomas

SIMS, Justice.

This is the second appeal of this case. The former opinion, reported in 310 Ky. 501, 220 S.W.2d 958, affirming the judgment of the chancellor, gives a full statement of the facts and we will not repeat them, except where necessary to an understanding of this opinion.

The present action was instituted under . § 518 of the Civil Code of Practice on the ground of newly discovered evidence. The chancellor sustained a general demurrer to the petition, dismissed it and this appeal followed. ' ■'

The petition in the instant case gives the history of the former litigation and avers that…