Pensacola Ice Company v. Perry/Opinion of the Court

by Morrison Waite

United States Supreme Court

120 U.S. 318

Pensacola Ice Company  v.  Perry

A statute of Florida, approved February 22, 1881, contains the following provisions:

'Sec. 1. The verdict in actions of ejectment shall, when for the plaintiff, state the quantity of the estate of the plaintiff, and describe the land by its metes and bounds, by the number of the lot, or other certain description.

'Sec. 2. The judgment awarding possession shall in like manner state the quantity of the estate, and give description of the land recovered.'

This was an action of ejectment, and the verdict, which was for the plaintiff, did not state the quantity of the estate, or describe the land. This is assigned for error, among others, and Perry, the defendant in error, in the brief which has been filed in his behalf, confesses that the judgment in his favor is thereby vitiated. Without considering any of the other errors assigned, therefore, we reverse the judgment on this ground alone, and remand the cause for a new trial. Reversed.

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