A key finding by Mr. Marlar is that there is an existing electric line along the west right of way line of Goodson Road which is 40 feet from the center line, indicating that the right of way line of Goodson Road is at least 10 feet beyond where defendants' surveyor began measuring. The fence in question is, therefore, at least 10 feet on plaintiff's property. Appellants challenge the trial court's findings that the right of way of Goodson Road was forty feet from the centerline, that appellee's east property line was established by the 1941 deed, and that the Laha survey established the boundary line between the parties' properties. The trial court had before it conflicting surveys from the parties, and the court depended heavily upon the observations and conclusions of the court-appointed surveyor. Therefore, we affirm those findings.
Appellants contend on appeal that the court had no authority to award attorney's fees.
Attorney's fees are awarded only when expressly provided for by a statute or rule. Appellee argues that the fees were properly awarded under the authority of Ark. Code Ann. The trial court cited no authority for awarding appellee attorney's fees, appellee cites no other statute or rule that would apply to this case, and our survey of Arkansas's trespass and ejectment statutes finds allowance only for costs and damages. See Ark. Code Ann. Therefore, we reverse the award of attorney's fees.