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LIBERIA TRADING CORPORATION, represented by H. TAVERNA, manager, and the widow and heirs of S. DAVID COLEMAN, represented by Ettal Coleman and Othello Coleman, Appellants, v. SAMUEL B. COLE, Appellee.

APPEAL FROM THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT, MONTSERRADO COUNTY. Argued March 10, 12, 17, 18, and 19, 1970. Decided June 11, 1970. 1. In an action of ejectment, the plaintiff may ask for damages sustained by him by reason of the wrongful detention, as well as recovery of the land, and the jury in such a case can return a verdict inclusive of monetary damages it finds the plaintiff has sustained. The amount of monetary damages found by a jury need bear no relation to the degree of misconduct of the defendant giving rise to such damages. The failure of a party to object to the award set forth in a copy of an arbitration award served upon such party, within the time allowed by statute for objections, is tantamount to conceding the correctness thereof. 2. 3. Appellee brought an action of ejectment, in which he sought not only possession of the land in dispute but monetary damages, occasioned by the loss of a prospective lease agreement resulting from the occupancy of the land by appellants. A board of arbitration was appointed and rendered its first report to which appellants objected. After a second report was submitted, no objections were made to it by appellants until several weeks had gone by and after the award, found for the plaintiff, had been confirmed by the trial judge. The case, based primarily on the second report, was given to the jury and it returned a verdict for the plaintiff, finding him the legal owner and awarding a substantial amount to him for the damages sustained. An appeal was taken by the defendants from the judgment of the court. Judgment affirmed. Morgan, Grimes and Harmon for appellants. uel B. Cole, appellee, pro se. 100 Sam- LIBERIAN LAW REPORTS 99 date to the court below informing it of this judgment and ordering it to resume jurisdiction and proceed immediately to enforce its judgment. And it is hereby so ordered. Motion granted, appeal dismissed. LIBERIAN LAW REPORTS 107 their motion to dismiss amended to embrace the relief sought in the application thus denied. The application to modify the bond is, therefore, denied. And it is hereby so ordered. Application denied, with reservation.

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Categories: 1971