Davis v. Densmore
Davis v. Densmore
Opinion of the Court
This is an action of forcible entry and unlawful detainer, brought by appellees against appellant. The trial resulted in a verdict and judgment for the plaintiffs, and defendant appeals.
The judgment must be reversed, because the complaint, and the verdict, which was for the lands sued for, are void for uncertainty.' The court could not enter a proper judgment, for the reason that the judgment must of course follow and be based upon the verdict; and if the judgment should follow the complaint and the verdict, the sheriff could not put the plaintiffs in possession and be sure that the lands were those as to
The verdict was “for the property sued for.” The judgment was as follows: “It is ordered and adjudged by the court that the plaintiffs have and recover of the defendant the property for which, they sue and as described in the complaint, as follows, to wit: N. E. % of the S. E. 14 of section 17, township 16, range 3 west, or its possession, or for the possession of that part of the property above described of which the defendant, D. J. Davis, has forcibly entered and unlawfully detains, about sixteen feet of the north side of the above-de
This description was unsuccessfully assailed by appropriate demurrer to the complaint, and by motion to set aside the verdict because void for uncertainty, and also by motion to> set aside the judgment because void for uncertainty. The court was in error in each of these rulings adverse to the defendant. The complaint, verdict, and judgment proclaim their own uncertainty as to’ the identity of the land sued for. Is it the whole of the N. E. % the E. section 17, township 16, range 3 west, or is it only a part of such 40? The complaint, verdict, and judgment say it is one or the other, but do not say which of the two. If it be one or the other, and not both, then it is not sufficient, if the part of the 40 were particularly described so as to make it certain. If the jury had found for one or the other, this uncertainty would have been cured; but they found for the property just as it was described. The trial court, nor this court, cannot know whether the jury found for the whole of the 40 or for the part only.
We do not mean to hold that the part of the 40 in question, or the fraction thereof described as a triangle, was sufficiently described so that it could be located, because it is not necessary; but we feel impelled to say that it could and should be described with more accuracy, so that it could be located if the jury should find for the plaintiffs as to the triangle in question.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.