McArthur v. Porter's Lessee, 26 U.S. 626 (1828)
U.S. Supreme CourtMcArthur v. Porter's Lessee, 26 U.S. 1 Pet. 626 626 (1828)
McArthur v. Porter's Lessee
26 U.S. (1 Pet.) 626
A special verdict was found by the jury upon which judgment was to be entered according as the opinion of the court might be upon the construction of a certain deed, which deed was referred to and made part of the special finding of the jury, but was not contained in the record thereof. A deed formed a part of a bill of exceptions taken to the opinion of the court upon a motion for new trial, which bill of exceptions, with the said deed, was contained in the record. The Court cannot judicially know that this is the same deed which is referred to in the verdict of the jury or what are the other evidences of title connected with it.
This case came up by writ of error to the Circuit Court of the District of Ohio, and was argued by Mr. Baldwin for the plaintiff in error and by Mr. Ewing, for the defendant in error. The cause was remanded to the circuit court in consequence of a defect in the record, and no opinion having been given by the court upon the points presented and discussed by the counsel, they are omitted.