Page:Federal Reporter, 1st Series, Volume 10.djvu/551

m'iNTYBB V. THOMPSON. 539 �dicts, xmless some of the plaintiffs were during such time under the disabilities of infancy or coverture, as the statute did not run against such claimants. �The evidence tending to show that the plaintiffs are the heirs at law of Henry Yates and Arohibald Meintyre, and their condition as to coverture and infancy, is not controverted, but is somewhat com- plicated, and the counsel on both sides have agreed that the court may pass upon and determine these questions, and the finding of the court shall be your verdict on the fifth issue. �The sixth issue involves the amount of damages which should be assessed if the plaintiffs are entitled to recover the land. The coun- sel have agreed that you shall assess the damages for one year, and the court shall determine the number of years for which the plaintiff shall recover. You have heard the evidence as to the condition of the lands when the defendants went into possession, and the improve- ments which were made increasing the rental value more than four- fold. You should make a fair allowanee out of the rents and profits for the permanent improvements made by the defendants, taking into consideration all the circumstances. I cannot lay down any certain and positive rule as to the measure of damages in this case. Most of you are farmers, and I feel sure that from the evidence you can come to a fair and just conclusion, aided by your knowledge and experience in such matters. �For four days you have patiently listened to the evidence and the elaborate comments of counsel, and I have heard and considered the learned legal arguments and the authorities cited, and I have endeav- ored to state the principles of law involved, and I hope you may now be able to und a just verdict determining the rights of the parties. ��� �