7 Pa. 103 | Pa. | 1847
The plaintiffs in error, by their sixth point, asked the court below to instruct the jury, “that the defendants had failed, in law, in making out a valid parol title to the land in dispute.” This the court declined to do; but added, “to enable the jury to find for the defendants, they must be satisfied that the defendants have made out, clearly, the facts necessary to bring the
The third error assigned avers the court failed to explain "tb the jury the law relating to parol sales and gifts of land. But we see no sufficient grounds for this complaint. Full answers were given to all the points submitted by plaintiffs, which embraced the principles they thought applicable to their case, and necessary to be brought to view in proceeding to its correct decision. If the counsel conceived any further instruction was proper to enlighten the jury, they should have called the attention of the court to it, and specifically prayed the instruction desired, for it has been more than once ruled that want of direction not asked for will not be deemed error: McClure v. McClure, 1 Barr, 374; Churchman v. Smith, 6 Whart. 146. In all cases much is left to the discretion
Judgment affirmed.