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FORAN v. MOLITOR FORD

No. 83-14.

649 S.W.2d 177 (1983)

279 Ark. 121

Ray FORAN and Bobby Washburn, Appellants, v. MOLITOR FORD, Mollie Nowlin and E.P. Molitor, Appellees.

Supreme Court of Arkansas.

April 25, 1983.

Attorney(s) appearing for the Case

David Solomon, Helena, for appellants.

Raff & Galloway by Raymond F. Galloway, Helena, for appellees.

HICKMAN, Justice.

This is an appeal from an award of treble damages to a landowner against a tenant and an adjacent landowner for trespassing, which resulted in a $6,000 judgment plus $500 attorney fees. We find that the trial court erred in trebling the damages pursuant to Ark.Stat.Ann. § 50-105 (Repl.1971), strike the unauthorized attorney fees, dismiss the judgment against the tenant, but affirm a judgment for $2,000 against the adjacent landowner.

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