Hart v. Johnson

The limitation and settlement act (stat. 1807, c. 74) does not extend to actions tried on review.

This was a review of a real action, commenced by Johnson against Hart, and tried upon the appeal September term, 1806, when Johnson recovered judgment against Hart for his seisin of the demanded premises and costs of suit. On that judgment a pluries writ of possession was duly issued October 10th, 1808, and on the 14th of the same month, seisin was duly delivered by the sheriff. In the trial of the original action, there was no request to have the jury estimate, and by their verdict ascertain, the increased value of the demanded premises, by virtue of the buildings and improvements made thereon. The writ of review was sued out on the 26th of September, 1808; and at the trial thereof, which was had at the last October terra in this county, before Thatcher, J., the plaintiff in review, after the jury were impanelled, and after the defendant in review had read his title-deeds to the jury, moved the Court to be permitted to file his claim for the jury to inquire into and ascertain the increased value, &c., according to the statute in such case provided. The judge who sat in the trial granted the motion, and permitted the plaintiff in review to give evidence accordingly ; and thereupon the jury returned their verdict, and estimated the increased value of the premises demanded at 285 dollars 71 cents. The defendant in review excepted to the said admission and direction, and the cause stood continued to this term for decision.