Newsom v. Bufferlow, 17 N.C. 67, 2 Dev. Eq. 67 (1831)

June 1831 · Supreme Court of North Carolina

17 N.C. 67, 2 Dev. Eq. 67

Richard Newsom et al. v. William Bufferlow.

One who defends an ejectment upon an equitable title, cannot in equity recover his own costs at law, but he may those he has paid the plaintiff-at law.

The casc Keam v. CoM,. fXiwed ^by9' Rum?,-, judp-c-

After the decree made in this cause (ante vol. 1, 379) tor a reconveyance by the defendant to the plaintiffs, of the land conveyed to him by mistake, an order was made that the defendant should repay the plaintiffs the costs of the ejectment, and a reference as to those costs was directed.

Upon the coming in of the report, Badger, for the defendant,

cited Keaton v. Cobb (unte vol. 1, 439).

Seazoell, for the plaintiffs.

Ruífíj, Judge,

after stating the order of reference, proceeded as follows : The clerk, in his report, docs not distinguish between the plaintiff’s own costs, when defendant in ejectment, and those which they paid the plaintiff at law, as his costs, The last only can be decreed to he repaid by the defendant to the plaintiffs. Their own costs the defendants at law threw away, by defending in that court upon an equitable title, and cannot recover back (Keaton v. Cobb). The clerk must again enquire upon that point, and in his report distinguish the taxed costs at law of the plaintiffs, or either of them, from those of the present defendant.

Per Curiam — Order renew eh.