Costs

(a) No judgment for costs shall be had under this division against a defendant against whom a plaintiff receives a default judgment or who, in his or her answer, disclaims all title to, interest in, or encumbrance on the lands. The court, in those cases and without further proof, shall adjudge that the defendant has no estate or interest in or encumbrance on such lands or any part thereof. Any defendant who, by answer under oath, denies that he or she claims, or ever has claimed, or pretended to have any estate, interest, or encumbrance in or upon such lands, or any part of the lands, shall be entitled to recover his or her costs in the action. (b) In any case where the court finds that the defendant fraudulently created or caused to be created the instrument that is sought to be cancelled, the plaintiff shall be entitled to recover all costs, including reasonable attorney fees, incurred in bringing the action to cancel the instrument. (Code 1896, §813; Code 1907, §5448; Code 1923, §9910; Code 1940, T. 7, §1114; Act 2026-536, §4.)