Morgan v. Eggers

Citations

• 127 U.S. 63
• 8 S. Ct. 1041
• 32 L. Ed. 56
• 1888 U.S. LEXIS 1964

Syllabus

<p>Plaintiffs’ complaint in ejectment sought to recover “ all the north part of lot 2, in section 36, township 38 N. of range 10 W. of the second principal meridian, which lies west of the track of the Lake Shore and Michigan Southern Railroad, and north of a line parallel with the north line of said lot 2, 'and 753 feet south therefrom.” Defendant denied every allegation. The record showed that after the parties had submitted the cause to the court, “ the court, having heard the evidence, and being fully advised, finds for the plaintiffs, and orders and adjudges that they are entitled to and shall have and recover of the defendant the possession of so much of said lot 2 as lies south of the south line of lot number 1, as indicated by a fence constructed and maintained by the defendant as and on said south line . . . which the plaintiffs shall recover of the defendant.” Held,</p> <p>(1) That though the order embraced both a finding and a judgment, it was not for that reason a nullity;</p> <p>(2) That it was not a general finding for the plaintiffs, but a finding for them as to the part of the land described in the order, and that the judgment for the possession of this part of the premises was in accordance with the local law of the district in which the cause was tried, Rev. Stat. Indiana, 1881, § 1060;</p> <p>(3) That this court is bound to assume from the record that the tract described in the order was a part of the premises described in the • • complaint.</p>