Meade v. Elkhorn Fuel Co.

Opinion op the Court by

Judge Clarke

Affirming.

By this independent action plaintiffs seek a new trial under section 344 of the Civil Code, of an action, the judgment of which was affirmed by this court in Meade, etc. v. Steele Coal Co., 181 Ky. 153, where may be found a full statement of the facts involved.

In the original action no question was made as to the validity of the Chas. Trout patent issued January 24, 1846, under which appellees 'claim title to the 30% acres of land in dispute.

In this action the unly ground asserted for a new trial is the alleged discovery, since the trial, that the…