Boynton Land & Lumber Co. v. Hawkins
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court, Osceola District; W. J. Driver, Judge; This was an action at law and the liability for costs is controlled by statute. Kirby’s Digest, § 965; 46 Ark, 552. A plaintiff in ejectment who recovers part only of the property sued for, is entitled to his costs. <35 Kans. 46; 116 N. C. 843; 117 Id. 13; 150 Pa. St. 516; 83 Tex. 355; 144 Cal. 430; 15 Ore. 484; 49 Id. 324; 210 Fed. 604; 131 Id. 989.
1Opinion of the CourtHart, J.
The Boynton Land and Lumber Company sued W. E. Hawkins in ejectment to recover 160 acres of land in Mississippi County, Arkansas. The defendant filed an answer in which he denied that the plaintiff was the owner of, or entitled to the possession of the land sued for, and denied the execution of any of the deeds mentioned in plaintiff’s complaint. He also alleged that he had been in adverse possession of a small part of the lands for more than seven years prior to the institution of the action. On the day the ease was called for trial the defendant admitted in open court that; the plaintiff…
2Cited by3 opinions
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