Carpenter v. Means

Citations

• 92 Kan. 986
• 142 P. 957
• 1914 Kan. LEXIS 357

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>New Trial — Newly Discovered Evidence — Evidence Not Cumulative — No Error in Granting New Trial. The district court granted a new trial on the ground of newly discovered evidence, which consisted of an affidavit filed in the United States pension office for the purpose of obtaining a widow’s pension, in which the claimant, testifying in relation to her property, stated, “It had been sold for taxes, and that her brother redeemed it, and that on her and her husband’s agreement to give him a quit claim deed to it he permits her to hold it • during her lifetime, and at her death it becomes absolutely his.” On the original trial a number of witnesses testified that she had in various conversations admitted that she was not the owner and that her brother was. Held, that the affidavit is not cumulative to the oral admissions proved on the trial, and that there was no error in granting a new trial.</p>