Therefore, the rule referred to has no present application. Barnes v. Callaway (Tex.Civ.App.) 269 S.W. 1085; Jackson v. Graham (Tex.Civ.App.) 205 S.W. 755; McCormack v. Crawford (Tex.Civ.App.) 181 S.W. 485. Furthermore, if the calls of the Hyneman tract be reversed, its southeast corner would be located 830 varas south of the north line of the Robertson survey.
The charge was presented in view of alleged conflicts between calls for monuments and distance. The principles of law announced in the charge are evidently correct, as may be seen from the authorities cited, to wit: Jackson v. Graham (Tex.Civ.App.) 205 S.W. 755, 756; Wilkins v. Clawson, 50 Tex. Civ. App. 82, 110 S.W. 103, 106. However, the case was being tried and submitted to the jury upon special issues, whereas the charge requested by the plaintiff was a general one, which should not ordinarily be given when the case is submitted upon special issues. If upon a retrial the case is submitted upon special issues, doubtless such submission, if requested, should be made with due regard to the above principles, which the plaintiff sought to have the court call to the attention of the jury by said general charge.
An issue so framed would not submit for the jury's determination the ultimate fact issue, and the jury's answer could not have the effect to control the judgment in that respect, but, on the other hand, might lead to interminable confusion and inconsistencies in the verdict. Rio Grande, etc., Co. v. Guzman (Tex.Civ.App.) 214 S.W. 628; Zucht v. Brooks (Tex.Civ.App.) 216 S.W. 684; Railway Co. v. Williams (Tex.Civ.App.) 217 S.W. 420; San Antonio, etc., Co. v. Dawson, 201 S.W. 247; Jackson v. Graham (Tex.Civ.App.) 205 S.W. 755; Burkett v. Chestnutt (Tex.Civ.App.) 212 S.W. 271; Dallas Hotel Co. v. Fox, supra. Now, did the issue here under consideration, as framed by counsel for defendants, when presented to the trial court for submission to the jury, present for their consideration and determination an ultimate issue of fact in this case, the answer to which by the jury would control the judgment?