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Of Uncertainty in Special Verdicts.
- As to Persons.
- As to Acres and Parcels.
- As to the Place or Vill.
- As to time.
One deviseth all his Lands to E. his Wife for Life, the Remainder to F. his Daughter in Tail, the Remainder to the eldest Son of William his Brother in Tail, Remainder o∣ver. E. enters, F. dies without Issue; they find Gertrude Cousin and Heir to F. who le∣vied a Fine, but they find not Gertrude was Heir to the Devisor;* 1.1 and it may be althô F. was the Daughter, the Devisor might have a Son, or that she was Heir to him by a second Wife, yet that Exception seemed not valid, Cr. El. 642. Hemsley and Price. So in 3 Rep. Sir George Brown's Case, Anthony is found Son but not Heir, and yet without his being Heir, the Plaintiff had no Title: And yet in Cymbal and Sand's Case, Cro. Car. 391. Gimlet and Sands, the Court seemed to be of Opinion, That tho' the Jury found that Humfrey had Issue by Hebell his Wife, John, unicum filium suum, that not finding that he was Heir (it was in case of his be∣ing Heir to a Warranty collateral) was not good; for he might have elder Sons by an∣other Venter, or there might be an Attain∣der, or the Warranty might be discharged