Payne v. Latham

Appellee sued appellant to cancel and annul a deed executed by him to appellant to certain land situated in Shelby county, Tex., on the grounds of failure of consideration, undue influence, and fraud on the part of appellant in securing the execution of the deed by appellee.

When the ease was called for trial, counsel for appellant presented a motion for a continuance, on the ground that she was sick and unable to attend court, stating that she had a meritorious defense to appellee’s cause of action, and briefly what she would testify. This was ⅛⅞ first motion for a continuance, and was in…