State Line Lumber Co. v. Shults

Kirby, J.,

(after stating the facts). Appellant urges that the court erred in giving appellee’s requested instruction No. 1, which it claims is virtually a direction to the jury to find against appellant. Instruction No. 1 reads in part as follows:

“The testimony further shows that the defendant knew that the plaintiff claimed to have certain land adjoining the Temple land, and that the true boundaries between the Temple land and the plaintiff’s land were not ascertained and known by the defendant; the jury is further instructed that, if you find from a preponderance of the evidence that the…