
    Kelly administrator of Foster against Dougherty.
    In Error.
    One rule of arbitration was taken out in an action of ejectment and an action of covenant. The arbitrators awarded that “ they confirmed the ar- . tide of sale, and allowed five dollars to the plaintiff as damage.” The judgment was reversed for uncertainty in the award.
    ERROR to the Common Pleas of Lebanon county.
    Dougherty, the plaintiff below, brought an ejectment against Foster, as administrator of Kelly, for two acres of land, and entered a rule of arbitration. The rule was made out and arbitrators appointed in this ejectment, and also in an action of covenant brought by Dougherty against the same defendant, at the same Term, and in the same court. On this rule the following report was made, and signed by two of the arbitrators. “We, George Bowman and William “ Logan, two of the arbitrators within mentioned, having “ met on the day within mentioned, William Moore being “ absent, did adjourn, until Monday the 1st day of August, “ when having met, and heard the parties by their counsel, “ and witness, do report, that we do confirm the article of “ sale, and .we do further allow the sum of five dollars to be “ paid unto the said B. Dougherty as damage.” On this award judgment was entered.
    
      Elder and Norris, for the plaintiff in error,
    took several exceptions to the proceedings and award.
    
      Godwin contra,
   By the Court.

The judgment cannot be supported. It

does not appear clearly whether the' arbitrators have found for plaintiff or defendant in the ejectment: nor whether the damages refer to the action of ejectment or covenant.

Judgment reversed.  