Shannon v. Marchbanks (35 Tex. Civ. App. 615, 1904)

JAMES, Chief Justice.

Mary M. Marchbanks and her husband brought this suit against Miranda Shannon for specific performance to secure title to twenty-five acres of land which they claim the latter gave her daughter, Mrs. Marchbanks, by paroi in 1897, averring that defendant placed plaintiffs in possession of the land and that they made valuable and permanent improvements on the land, on the faith of said gift. The trial resulted in a verdict for plaintiffs.

Defendant answered by general denial and also that she gave said land to her said daughter for her daughter’s life or as long as she remained on the land.

The fifth assignment complains of the refusal of the following charge: “You are instructed that you will not consider the evidence