Sutton v. Ford

(After stating the foregoing facts.)

We are of the opinion that the court erred in refusing to grant a continuance. The attack made upon the administrator’s deed, which was an essential link in defendant’s claim of title, struck at a vital point in the defense of his case made by defendant, the plaintiff in error here, and the latter when confronted with the additional grounds of attack should have been given time to meet and repel the same. It is insisted by the defendants in error, plaintiffs in the court below, that the grant of time would have been futile, because the order of sale bears a…