Smith v. Jackson

Appellee filed statutory ejectment in the Circuit Court of Conecuh County against appellants to recover possession of sixty acres of land described in the complaint, together with lawful damages for detention.

The trial court directed the jury to return a verdict in favor of plaintiff for the lands described in the complaint, but left it up to the jury to say how much, if any, damages for' detention plaintiff was entitled to recover.

The jury, responding to the direction of the court, returned a verdict for plaintiff, but did not assess any damages for detention.

A judgment, based on the…