
    No. 814.
    Eliza Snider et al. vs. M. C. Smith.
    Where a defendant in a petitory action is a holder in bad faith, the plaintiff can elect whether to take the buildings at the cost of materials, etc., or to require the defendant to remove them, but the election ought to be made before final judgment. The omission of the plaintiff to have the judgment modified, it being for a fixed sum to be paid for the buildings, concludes him, and is to be construed as his election to take them.
    A judgment cannot be increased in amount in favor of a party who has acquiesced in it, and does not pray its amendment.
    The plaintiff is entitled to rents, not only for the time prior to the institution of the suit, but for those accruing subsequent thereto.
    Appeal from the District Court for Webster. Turner, J.
    
      J. D. Watkins for Plaintiff. Watkins & McDonald for Defendant Appellant.
   Marr, J.,

delivered the opinion affirming the judgment.  