Blackwell v. Hunnicutt

Citations

• 69 Tex. 273
• 9 S.W. 317
• 1887 Tex. LEXIS 817

Syllabus

<p>1. Disclaimer. — In a controversy involving boundary of a subdivision of a tract of land granted to one Harvey, which the plaintiff had conveyed to defendant, the defendant set up an agreed line, but also disclaimed as to any part of the Harvey survey except that described in the deed from plaintiff to him, held, that it was not error in the court to charge the jury in effect that the boundary should be determined in accordance with the description of the land as embraced in the deed.</p> <p>2. Charge of Court. — The correctness of a charge will be determined from a consideration of the law as applicable to facts properly presented in the brief of counsel, and can not be considered under an assignment which refers to issues presented by pleading when no evidence is referred to, applicable thereto. If the charge, as applicable to the facts which require it, is abstractly correct, bat should be qualified in consequence of other facts in evidence, the party complaining thereof should ask, in time, special instructions upon the neglected issues; failing in that, he can not alterwards complain.</p> <p>8. Assignments of Error. — An assignment of error that “the court erred in refusing to give special instructions asked by defendant” can not be considered.</p>