Snouffer's Adm'r v. Hansbrough

Citations

• 79 Va. 166
• 1884 Va. LEXIS 73

Syllabus

<p>x. Practice in Chancery—Issues—New Trial—Rule.—Where because of conflict of testimony an issue is directed, the solution whereof depends on credibility of witnesses, and the verdict is sanctioned by the trial court, the settled rule is, that the appellate court will consider not merely whether the evidence warrants the verdict, but also whether, upon the whole, further investigation is necessary to justice ; and though there may have been misdirection, or improper rejection of evidence, it will not grant a new trial, if on considering all the evidence, including that rejected, the verdict appears to be right.</p> <p>2. Idem—Idem—Evidence.—At trial of issue, whether vendee was induced to buy by vendor’s misrepresentations as to boundaries, evidence of the value of the land at time of sale and since, is admissible, as tending to disprove imposition.</p> <p>3. Idem—Idem—Instructions.—At such trial, though instructions that vendee must be held to have had notice from the written contract of sale and the title papers therein referred to, that the purchased tract included 135 acres of mountain land, might not have been directly relevant to the issue, the solution whereof depended .on the credit the jury attached to the witnesses, yet the instruction could not affect the verdict, and even if erroneous is no ground of reversal. Powell & Wife v. Manson, 22 Gratt. 192.</p> <p>4. Idem—Idem—Idem—Answers.—At such trial, instruction that jury shall weigh defendant’s answer instead of merely the parts responsive to the bill, though rather broad, is not error for which the verdict will be set aside. Danville Bank v. Waddill, 27 Gratt. 451.</p> <p>5. Idem—Idem—Instructions.—Where at such trial, impartially had, the verdict could not have been different, had a certain instruction been given, the refusal to give the instruction is not error, for which the verdiet will be set aside. And the rule is the same where the court gives, in lieu of instructions asked for by a party, others