Hancock v. Simmons

This was originally a suit filed by the appellee to cancel- a deed upon the ground that it was a forgery. By answer the appellants, husband and wife, denied the charge of forgery and asked that the husband’s title be quieted. When the case came on for trial the plaintiff elected to take a nonsuit. The defendants then insisted that their answer was in fact a cross-complaint, entitling them to a trial in spite of the plaintiff’s decision to dismiss her complaint. Ark. Stats. 1947, § 27-1407. The trial court held that the answer did not constitute a cross-complaint; so there was no issue before…