2 Me. 149 | Me. | 1822
delivered the opinion of the Court as follows.
, The counsel for the tenant relies cfn two objections to the verdict.
1. That the description of the premises was too loose and un? certain; depending on, and referring to a plan of a private nature, and which was improperly admitted in evidence in aid and explanation of the description. . • .
2. That the opinion and instruction of the Judge, to the jury as to the conclusiveness of Ballard's line was incorrect.
. As to tire first point. — It may be a qüestion whether the plan was a necessary piece of evidence'; and if not necessary, its admission, whether proper or not, would be no ground for a new trial. — The more correct and usual mode of taking advantage of the alleged uncertainty would seem to be either by demurrer or motion in arrest of judgment. Ward v. Harris, 2 Bos. & Pul. 265. 1 East. 441. 8 East. 357. But the tenant has
The cases touching the question of certainty, in declarations in the description of premises demanded, and property taken- away or injured, arc somewhat confused an¿ contradictory. In Rex v. Horne, Cowp. 682. Ld. C. J. De Grey says ;— “ we have no precise idea of the signification, of the word-“ cer- “ lainty,” which is as indefinite in itself as- any word that can “ be used.” In Ward v. Harris, 2 Bos. & Pul. 265, the plaintiff declared upon the sale of a certain house for a certain quantity of certain oil to be delivered to the defendant within a certain time. — Even this loose declaration was holden good after verdict, on motion in arrest of judgment. In Doe v. Plowman, 1 East. 441, the plaintiff in ejectment demanded two dwelling-houses and two tenements. — After verdict for the plaintiff judgment was arrested. In Doe v. Denton, 1 D. & E. 11, ejectment for a messuage and tenement was held good after verdict.. Coltingham v. King, 1 Burr. 621. Lord Mansfield says, “ The objection is the uncertainty of the claim or description of “ the premises. — It is after vei’dict; — the title has been tided by “ jury; — evidence has been- given to them on which they have “ found for the plaintiff.” The description was much more general than in the present case. The judgment was unanimously affxi’med the Court observing that after verdict, the description must be intended to be sufficient. See the sevei’ai cases cited in. the note to Doe v. Plowman, 1 East. 441, agi-ecing with, and opposing.the case in 1 Burr. 621. The description in the pi’esent case is at least as certain as that cited from lmpcfs
It is therefore sufficiently shewn to be thi demandants’ plan; and seems to be legal proof as much as any of their plans which have been formally accepted. In this action they claim an interest in it, and rights under it, and thereby sanction it. We therefore are of opinion that the tenant has failed in maintaining hisjfo’si objection.
As to the second point, the conclusiveness of Ballard's line, it may be observed that in the year 1795, when it was run, no persons had any interest in the lands, but the Plymouth Company on one side, and the Commonwealth on the other. The line was pot completed, on account of the violence he met with from the
On the whole, when we view all the. facts in the case before us, and the manner in which the line in dispute wras run and established by two different surveyors, we have' no hesitation in Saying that upon -these facts in the case, as reported by the Judge, the line must be considered so established as to be con«elusive. We are satisfied with the opinion of the Judge who tried -.the cause, with respect to thi's question, and perceive -nc1’reason for setting aside the verdict and granting a new trial.— ■ Accordingly there must be . :
Judgment m (he verdict„