Hughey v. Bennett

John A. Fogleman, Justice.

This is an appeal from an action in ejectment brought by appellant for possession of a half lot in Crawford County. In granting appellant’s motion for summary judgment, the trial judge ordered the appellee to remove her house from his property. Appellant appeals from that part of the judgment ordering the removal of the house. He argues that the trial judge had no right to raise the issue of the removal on his own in a law case. We agree that the part of the judgment ordering the removal of the house was erroneous and reverse that part of the judgment.

On July 1,…