The opinion
Mr. Justice Hilliard
dissenting.
Since it would be profitless to discuss the point at length, I pause only to make brief record of my dissent to the court approval of the exemplary damages awarded below. Neither party to this controversy dereigns *88 title to the property involved through mesne conveyances — plaintiff claiming under a sheriff’s deed, defendant pursuant to tax deed; or, otherwise stated, a new title originated with each party in turn, defendant’s subsequent to plaintiff’s. It is true, that while the trial court, proceeding in the light of evidence, found that plaintiff’s title was of greater dignity than that of defendant, still, it stated that defendants “thought they bought something and that they had a right to get it * * *, but without any particular ill feeling or bias or malice toward plaintiff.” Further, that “the court does not believe the testimony * * * shows any hatred or that the defendants had any particular grudge or ill feeling against the plaintiff or rejoiced in what they were doing.” I am not unmindful that the foregoing findings were made in the disposition of plaintiff’s demand for body execution, which was denied, but, nevertheless, I regard them as of moment in our review of the punitive award.
Premised on the finding that plaintiff had title, judgment in the sum of the actual damages logically followed, and, while it rarely happens, as my acquaintance with the profession generally leads me to think, that in damage cases counsel “pray” for less than the actual damages suffered, I note that here the finding in that regard, on each of the two causes of action, was for the exact sum sought, or $5,000.00. Likewise, exemplary damages awarded in each of the causes correspondingly followed counsel’s preappraisement — $2,-500.00. The combined awards reached the grand total of $15,000.00, $5,000.00 of which came through the exemplary route.
With all respect to this and the trial court, I am convinced that the general awards were generous, and, the premises considered, the added exemplary awards were not justified.