Hays v. Westbrook

Simmons, Chief Justice.

The court below- did not abuse its discretion in granting a new trial’. It seems to us that the movant exercised all the diligence the law requires. Prior to the *220trial, inquiries were made of the executor of Lockett for sucli papers as might throw light upon the transact tions between Lockett, Rust and Johnston, touching the property in question, and careful search was made among the papers belonging to the estate, and in every other place where it was supposed such papers might be found; and the deed from Rust and Johnston to Lockett, upon which the extraordinary…