22 Ky.L.Rptr. 790
Court of Appeals of Kentucky.
Oct. 24, 1900.

Appeal from circuit court, Knox county. "Not to be officially reported." Petition by Eliza Kincaid and others for a new trial in an action brought by W. W. Sawyers against them.


The appellee recovered a default judgment in the Knox circuit court at its April term, 1895, against the appellants for the sum of $385, with interest, subject to several credits, and a lien was also adjudged to plaintiff on certain real estate, and a sale thereof ordered. On April 3, 1896, appellants filed their petition seeking a new trial in said action. It was alleged that the judgment was obtained by fraud upon the part of appellee. It was also alleged, in substance, that the appellants did not owe appellee anything. All the material averments of the petition were denied. After the issues were fully made up, and various orders made and motions disposed of, the court below dismissed appellants' petition; hence this appeal. We deem it unnecessary to recite the testimony, or to notice the several contentions of appellants and appellee. The trial court had the witnesses before it, and was, therefore, well prepared to weigh the evidence and determine as to the right of the matters at issue.

After a careful consideration of the whole case, we are of opinion that the judgment appealed from is sustained by the law and facts, and the same is therefore affirmed.


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