Opinion
(Filed 21 September, 1921.)
Appeal and Error — Instructions — Evidence.
A requested instruction, though stating a correct principle of law, is properly refused when not supported by, or in conformity with, the evidence in the case.
APPEAL by plaintiff from Allen, J., at May Term, 1921, of BEAUFORT.
W. C. Rodman and Ward Grimes for plaintiff.
John H. Bonner and Small, MacLean, Bragaw Rodman for defendants.
Action for trespass involving the true location of the boundary line between the lands of plaintiff and defendants, admittedly adjoining property owners.
From a verdict and judgment in favor of the defendants, the plaintiff appealed.
The only exception in the record relates to his Honor's refusal to give one of plaintiff's special prayers for instructions. While the prayer, as requested, probably states a correct principle of law, as an abstract proposition, yet we think it was properly refused under the evidence in the instant case. It omitted all reference to the marked lines; and these should have been considered by the jury, even under the facts stated in the prayer.
No error.
(761)