Bowers v. Rightsell

Hart, C. J.,

(after stating the facts). It is earnestly insisted by counsel for the plaintiff that the decree should be reversed because the plaintiff had a right to maintain his action of ejectment in the circuit court, and that it was reversible error to transfer the case to the chancery court and try it there. It is true that it was held in Trapnall v. Hill, 31 Ark. 345, that, where one tenant in common ousts another, or does some act amounting to a total denial of Ms rights as co-tenant, the latter may maintain ejectment, and, under the statute, may recover his proportion of the rents and…