Mary Bell v. Susan Armistead. Motion for New Trial

 

Mary Ann Bell
v
Susan Armistead

Motion for new trial

1. For misdirection by the court on matters of law

2. On the ground of newly discovered evidence

And the Petitioner submits to the court that she has since the trial of the said cause learned and will be able to shew by competent proof that, the said Defendant in the life time of her said Husband treated him with great cru neglect and cruelty; that for more than two years before he went to the alms House the said Defendant and her said husband did not live together as man and wife; that they were reduced to such poverty as to be obliged to ask, and did in fact ask alms in their neighborhood: that the said Robert Armistead after his death coming from the alms House and before his death was beged, and solicited by the Defendant to revoke the said deed, and there he uniformly and steadily refused to do so declaring that he had made the said deed of his own accord it was in the clerks office and he would not change it: and that the said Edward W. Clarke who it was alleged was mainly instrumental in proving the Execution of said deed was sick and confined to his bed from some time in   the month of July until the 8th Of August 1835, & was not able to go out of his house till some time after that;

That the Petitioner did not know that she could prove any of these facts at or before the said trial, and although she heard that she could during the said trial of witnesses by whom she could prove them, she could not then procure the attendance of said witnesses, and she hath since the said trial discovered the said proof.

I state that the foregoing proof in substance has ben discovered thereof the directions Given by myself, and by active Exertions of which the Petition had no knowledge, and I have seen witnesses, and their evidence to prove each one of the said facts, except one, that at present depends upon hearsay but I have good cause to believe and so believe it can be proved by living witnesses. I have the evidence of that fact from the statements made by two witnesses now dead, there are other said to be living.

Jos H Bradley for Petitioner

 

126

Ann Bell
v
Susan Armistead

Motion for new trial

file this
Jos. H. Bradley

Filed 14 Decr '47

214, 216, 229
Sec 269
page 573, sec 615