Ryan

This action of claim and delivery was for the recovery of the possession of certain horses and colts, and two mowers, or their value, and damages for their taking and detention.

The defendant admits the taking of the property, as a constable, under a writ of execution on a judgment against Jeremiah Ryan, the assignee of the plaintiff.

The cause was tried by a jury, who returned this verdict: “ We, the jury in the above-entitled cause, find for the plaintiff the possession of the following property: The horses and colts described in the complaint, or their value, the sum of $1,225, with damages in the sum of $48.55.”

Upon that verdict a judgment was rendered for the plaintiff, that he have and receive possession of the property mentioned in the verdict, specifying it, “ or for the sum of $1,225, the value thereof, in case a delivery thereof cannot be had; and in case a delivery of any portion thereof cannot be had, then for the value of such portion of said property, together with $48.55 damages, and for costs, taxed at $39.50.” From this judgment an appeal is taken on the judgment roll, and the appellant claims a reversal thereof, because,— “The verdict is uncertain in this: It…