The general rule is that error cannot be predicated upon the giving or refusing of instructions to the advisory jury, unless that error is inextricably tied to the trial court's erroneous conclusion of law. Lounsberry v. Kelly, 32 S.D. 160, 142 N.W. 180, 181 (S.D. 1913), modified on rehearing, 32 S.D. 456, 143 N.W. 369 (1913); Lee v. Schultz, 425 N.W.2d 380, 383, n. 4 (S.D. 1988). This is not such a case.