22 Tenn. 157 | Tenn. | 1842
delivered the opinion of the court.
Plaintiff in error entered a quarter section of land in the
Two questions are made: 1st. Ought a new trial to have been granted on the affidavits of the two jurors who were dissatisfied with the verdict. We think not. This court has repeatedly had occasion to comment upon the danger of setting-aside verdicts upon the affidavits of jurors, and to declare that
The result of these cases is that a jury may malte the experiment with a view to ascertain what the amount will be, and if the amount produced give satisfaction, they may return it as their verdict; but that they cannot agree before the amount is ascertained that they will abide by it, and if they do, it is an error for which a new trial will be granted. Now, under which category does this case fall? Clearly under the first. There was no agreement that the amount to be ascertained in the mode prescribed should be the verdict; on the contrary, the affidavit states that it was resorted to as an experiment, and from which, of course, any juror might and ought to have repented if dissatisfied therewith, without fear of being accused by his fellow jurors of having violated an agreement. We will here say for the benefit of jurors, that such agreements are not only illegal, but exceedingly dangerous and improper, and ought never to be resorted to.
The tenth section provides “that when any valuable improvements may be entered, which do not under the provision of this act give a preference of entry to the owner thereof, the person or persons so entering such improvements shall pay th©-value thereof to the persons owning the same.” Under this section, persons who have improved vacant land without residing on it, are entitled to compensation from an enterer, although they be no occupants under the statute, and entitled to no preference; that is this case; improvements were made by defendant on a piece of vacant land upon which he did not reside; it has been entered by the plaintiff, and under the express provisions of the statute, he must pay the value thereof. The