#### H. H. TABOR et al. v. W. A. BURNETT et al.

(Filed 19 December, 1924.)

Appeal by plaintiffs from McElroy, J., at April Term, 1924, of Macon.

Civil action in ejectment and to recover damages for wrongful possession.

From a verdict and judgment in favor of defendants, tbe plaintiffs appeal.

T. J. Johnson and A. W. Horn for plaintiffs.

Ray & Ray and R. D. Sislc for defendants.

Pee Cueiam.

Plaintiffs in limine lodge a motion for a new trial upon tbe ground of newly discovered evidence. It is alleged tbat tbe information, wbicb plaintiffs consider vital and important to tbeir cause, came to tbeir attention after tbe adjournment of tbe term of court at wbicb tbe case'was tried, and after tbe appeal was docketed here. Allen v. Gooding, 174 N. C., 271. Tbe showing made by plaintiffs in tbis respect seems to meet tbe requirements laid down in Johnson v. R. R., 163 N. C., p. 453, for tbe granting of new trials upon tbe ground of newly discovered evidence. Upon tbis ground, tbe cause will be remanded for another bearing.

New trial.