Games v. Stiles ex dem Dunn(1840)-If bench and jury disagree on a point of law, opinion of the bench prevails.

In 1836, the lessee of the defendants in error instituted an action of ejectment against the plaintiffs in error, in the Circuit Court of the United States for the District of Ohio, for a tract of land lying between the Little Miami and Sciota rivers, in that part of the state of Ohio known as the Virginia Military District, being on a survey [39 U.S. 322, 323] under a part of a military land warrant for one thousand acres. The cause was tried at July term, 1838, and a verdict and judgment were entered for the plaintiffs in the action, the defendant in error.