Of uncertainty in a Special Verdict, in reference to the Place or Vill.

Ejectione Firme of 30 Acres of Land in D. and S. The Defendant was found Guilty of 10 Acres, and quoad residuum Not Guilty.* And it was moved in Arrest of Judgment, That it was uncertain in which of the Vills those Lands lay; and therefore no Judg∣ment can be given: Sed non Allocat. and ad∣judged pro Quer. For the Sheriff shall take his Information from the party, for what 10 Acres the Verdict was. So is Siderf. 75. If one Dcclares for a 100 Acres of Land in two Vills, and the Jury find the Defendant Guilty, this is good without saying how many Acres lie in the Vill, and how many in the other: And the Sheriff ought to take notice of this at his Peril, in making of Ex∣ecution. And so in Dence, and Dence his Case: It shall be intended, that every Acre of Land named in the Declaration lies in both Vills, for so much is presumed by the Declaration, and the Venire from both Vills, Cro. Car. 467. Portman and Morgan, Sid. p. 75. Yelv. 228. Dences's Case.

Trin. 43. El. Meredith and Brown. It was adjudged in B. R. that in Ejectione Firme, sup∣posing the Ejectment of 10 Acre, and the Jury find the Circumstances but of 4 Acres, the Plaintiff shall recover these 4 Acres. But Dame Baskervile's Case was in 39 Eliz. Assize was brought of a Park containing 60 Acres, and the Jury •ound the Disseis• Page  212 but of 30 Acres, and adjudged against the Plaintiff for all. But note, the Park was entire, Dyer 15. b.