Bryan v. . Spivey

His Honor held that, as a matter of right and as the only way in which the case could be tried to do full justice between the parties, the defendants were entitled to a severance and separate trial, and so ordered. The plaintiffs excepted and appealed.(96) It was agreed that no exception should be taken to said appeal at this stage of the action.

P. J. Lee, being duly sworn, says that the defendants in the above entitled cause, in addition to the answer heretofore filed, respectfully present to the court the following statement of facts:

"That the tract of land set forth and described in the…