Smith v. Jenks
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Union county. Ejectment, originally brought by Simon Snyder against Robert Smith, in which the death of the plaintiff was afterwards suggested, and his heirs substituted. It was to recover 8 acres of land, and involved a dispute between the plaintiff and the defendant, concerning their lines, both claims adjoining tracts by conveyance from a person in whom the title had been vested.
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Error to the Court of Common Pleas of Union county. Ejectment, originally brought by Simon Snyder against Robert Smith, in which the death of the plaintiff was afterwards suggested, and his heirs substituted. It was to recover 8 acres of land, and involved a dispute between the plaintiff and the defendant, concerning their lines, both claims adjoining tracts by conveyance from a person in whom the title had been vested. The conveyance under which the defendant claimed, was of 40 acres, to himself and two others as tenants in common, under which, it was proved, that 40 acres and half allowance…
1Per curiam
This verdict is too uncertain — a judgment cannot be entered on it. The ejectment is for S acres of land. The jury find that the defendant is entitled to one third of the 41 acres, and 32 perches, and if any overplus, it goes to the plaintiff. What these 41 acres and 3.2 perches are, or where they lie, is unknown, or in what part of them the defendant is'to have his one third. Nor do the jury find whether there was any overplus, or whether any thing was in possession of the defendant which belonged to the plaintiffs. The court cannot say, from this finding, whether the defendant was guilty of…
2Cited by2 opinions
- Borough of Harrisburg v. CrangleSupreme Court of Pennsylvania · 1842
- Ash v. AshtonSupreme Court of Pennsylvania · 1842