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10 Serg. & Rawle 153

Smith v. Jenks

Supreme Court of Pennsylvania

Decided June 14, 1823

Supreme Court of Pennsylvania · decided 1823-06-14

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.

Cited by 2 later decisions — most recently July 1842

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1823-06-14

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Per Curiam.

¶1This 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 any trespass. If the verdict was uncertain in itself, the court could not mend it, by sending out surveyors to carry into effect what they supposed to be the intent of the jury. ‘ They could but guess at their meaning. A verdict is not good, unless it carries certainty upon its face, or refers to things by which it may be rendered certain.

¶2Judgment reversed, and a venire de novo awarded.

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