Jared v. Goodtitle
Indiana Supreme Court
APPEAL from the Dearborn Circuit Court. — Ejectment for _ a tract of land in Dearborn county. The demise laid was for seven years from the first of April, 1809, Plea, not guilty. No rimiliter was added. Jared, the defendant below, moved the Court to instruct the jury, that to entitle the plaintiff to recover> |je must prove a clear legal title in his lessor to the premises in question.
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APPEAL from the Dearborn Circuit Court. — Ejectment for _ a tract of land in Dearborn county. The demise laid was for seven years from the first of April, 1809, Plea, not guilty. No rimiliter was added. Jared, the defendant below, moved the Court to instruct the jury, that to entitle the plaintiff to recover> |je must prove a clear legal title in his lessor to the premises in question. The Court refused to give the instruction. — • Verdict and judgment for the plaintiff below. The appellee moved to amend the record, by an enlargement of the term from seven to fifteen years. The appellant…
1Opinion of the CourtBlackford, J.
The Court do not consider it necessary to decide the question, relative to our permitting- the declaration to-be amended. The not determining it, will subject the appellee to no inconvenience, as he can make his application, to amend, in the Court below (1).
The similiter is only matter of form, and whether regularly or irregularly entered, or whether entered at all or not, is of no importance after verdict (2).
The Circuit Court are certainly bound to deliver an opinion to the jury, upon any part of the law relevant to the issue, if required. Douglass et al. v. M'Allister, 3 Cranch, 298. —…
Also in this document: Per curiam.
2Cases cited5 opinions
- Blackwell v. Patton & Irwin's LesseeSupreme Court of the United States · 1813
- Douglass & Mandeville v. McAllisterSupreme Court of the United States · 1806
- Rogers v. BarnettCourt of Appeals of Kentucky · 1817
- Owings v. MarshallCourt of Appeals of Kentucky · 1813
- Pollard v. RogersCourt of Appeals of Kentucky · 1809
3Cited by3 opinions
- Dean v. DoeIndiana Supreme Court · 1857
- Ela v. PennockSupreme Court of New Hampshire · 1859
- Templin v. KrahnIndiana Supreme Court · 1852