Loard v. Philips
Loard v. Philips
Opinion of the Court
delivered the opinion of the Court.
There must he a reversal in this case, for defects in the verdict and judgment. It is an action of ejectment brought under the new law on that subject of 1852. The recovery was for only a part of the land sued for and described in the declaration. This is the entry of the verdict: after naming the jury, it proceeds: “ Who upon their oaths do say they find for the plaintiffs that the defendants are guilty of trespass and ejectment alleged in the declaration, and that the plaintiffs are entitled to all the land mentioned in the declaration that is outside of the enclosure of the defendants for seven years before the bringing of this suit, and that the plaintiffs are entitled to a fee simple interest therein, and they assess the plaintiff’s damage to one cent.” Upon that the judgment is, “It is therefore considered by the Court that the plaintiffs recover of the defendants the land so found by the jury, and that a writ of possession issue.”
The requirement of the reform act of 1852, ch. 152, § 2, is this: “ Where the right of the plaintiff is proved to all the premises claimed, the verdict shall be for the premises as specified in the declaration; but if it be proved to only a part, the verdict shall specify such part, describing the same so that possession can be delivered and a writ of possession be issued.”
This verdict is for part only of the land claimed and specified in the declaration; and does it conform to the requirement of the act in “specifying and describing” it? Certainly not. How is possession to be delivered by the sheriff under that description ? But the verdict is not a legal one under the act unless this can be done.
Reversed and remanded.
Reference
- Full Case Name
- Henry Loard v. Wiley B. Philips
- Status
- Published