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5 Watts 79

Stewart v. Speer

Supreme Court of Pennsylvania

Decided May 15, 1836

Supreme Court of Pennsylvania · decided 1836-05-15

This was an action of ejectment by James H. Speer against James H. Stewart, for two hundred acres of land. The jury found “ for the plaintiff one hundred and fifty acres, part of the land claimed in the writ, and not guilty as to the residue,” upon which judgment was rendered. This was the only error relied upon. cited, 10 Serg. & Rawle 153.

Decided 1836-05-15

Per Curiam.

¶1It is impossible to sustain this verdict. It is for one hundred and fifty acres, part of the land in dispute, without re*80ferenee or allusion to any thing to designate the land recovered, or even to intimate the quarter or side from which it was intended to be taken. It is, therefore, incurably uncertain.

¶2Judgment reversed and a venire de novo awarded.

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