Butler v. Gaines, 19 Ark. 95 (1857)

July 1857 · Arkansas Supreme Court

19 Ark. 95

Butler et al. vs. Gaines et al.

For the principles involved in this case, see Rector el al. vs. Gaines et al., ante..

Appeal from the Circuit Court of Hot Spring county.

Hon John C. Murray, Special Judge, presiding.

Williams & Williams, for the appellants.

Waticins & Gallagher, for the appellees.

Mr. Justice Scott

delivered the opinion of the 'Court.

There is no error in this record, as we think, except in the ruling of the Court below as to the recovery of rents and profits. On that question the Court erred, and the judgment, must be reversed, unless the appellees shall elect to enter a remitti-tur; in which case it will be affirmed, as in the other cases where this point has been considered and determined.

Mr. Chief Justice English did not sit in this case.