Kelley

The judgment recites that the case having been submitted for decision, the Court delivers its findings and decision in writing, which is filed, and orders that judgment be entered in accordance therewith. It then proceeds as follows: “ Wherefore, by reason *14 of the law and the finding aforesaid, it is ordered, adjudged, and decreed that Luke C. Kelley, plaintiff, do have and recover from William McKibben, defendant, judgment for the return of said property mentioned therein, or if such return cannot be had, then for damages,” etc.

The most favorable view for the plaintiff is that the property “ mentioned therein ” is the property mentioned in the findings, mentioned in the recitals by which the judgment is preceded. Upon reference to the findings, however, it appears that no property ..is actually mentioned there except certain property of which the plaintiff is found not to be the owner. The property which is found to belong to plaintiff is not mentioned at all in the finding, but is stated therein to be the property u mentioned in the complaint.” Upon looking into the complaint, no intelligible description of the property is found there.

It may be proven that the reference…