Miller v. Marriner

Tbe fifth issue submitted to tbe jury was as follows: “Did L. C. Marriner cause or procure said sale to be made?” -To this issue tbe jury answered “N'o.” Upon this issue tbe plaintiffs in apt time requested tbe court to charge tbe jury as follows: “If you believe tbe evidence and find tbe facts to be as testified, you will answer tbe fifth issue ‘Yes.’ ” And in tbe event tbe court refused to give this instruction, tbe plaintiffs requested tbe court to charge further upon this issue as follows: “Tbe court charges you that, if you find by tbe greater weight of evidence that said mortgage sale…