Coughlin v. Cain

WRIGHT, Presiding Judge.

Plaintiff appeals from the judgment.of the trial court in an action of ejectment.

Plaintiff brought an action of ejectment against defendant Cain.

After an ore tenus hearing the trial court rendered judgment in favor of the plaintiff for the subject property without damages and assessed costs against the plaintiff. Plaintiff appeals. The issue presented is whether it is error to assess cost against the successful party.

The judgment of the trial court recites that the defendants “denied that they were in possession of any or all of the said real estate and further they…