Billie Barbara Hall and husband, Nathan Hall, appellees, brought this suit against James Patterson, Frances Patterson Lee, a feme sole, Annie Mabry Gilliland and husband George W. Gilliland, Matie E. Mc-Kellar, a feme sole, Edith Butler and husband, W. S. Butler and the State Bank and Trust Company of San Marcos, Texas, Administrator of the Estate of Barbara L. Everett, deceased, to recover the title to and possession of 812.5 acres of land located in Hays County.
Trial to a jury resulted in a verdict and judgment for appellees. From this judgment, Matie E. McKellar, Frances Patterson Lee, Annie Mabry Gilliland, George W. Gilliland and Annie K. Patterson1 have appealed.
This case is before us without a statement of facts.
Appellants’ first five points are that the trial court erred in failing to submit as part of its charge their requested instructions one through five.
The trial court submitted the following special issues to the jury which answered as indicated:
“SPECIAL ISSUE NUMBER ONE: Do you find from a preponderance of the evidence that Barbara Everett made an oral gift to the Plaintiffs, Billie Barbara Hall and Nathan Hall, of the land described in the Plaintiffs’ Original Petition and known as the ‘Home place’ at or about the time the Plaintiffs first moved on such lands in about 1962 ?
Answer: NO.
SPECIAL ISSUE NUMBER TWO: Do you find from a preponderance of the evidence that Barbara Everett made an oral gift to the Plaintiffs, Billie Barbara Hall and Nathan Hall, of the land described in the Plaintiffs’ Original Petition and known as the ‘Home Place’ during the year 1964?
Answer: YES.
SPECIAL ISSUE NUMBER THREE: Do you find from a preponderance of the evidence that the Plaintiffs, Billie Barbara Hall and Nathan Hall, entered into possession of such land relying on such gift, with the consent of Mrs. Everett?
Answer: YES.
SPECIAL ISSUE NUMBER FOUR: Do you find from a preponderance of the evidence that the Plaintiffs, Billie Barbara Hall and Nathan Hall,' made valuable and permanent improvements on such land in reliance on the gift, with the knowledge and consent of Barbara Everett ?
Answer: YES.”
Appellants timely requested and the trial court refused to give the following instructions and definitions:
“DEFENDANTS’ REQUESTED INSTRUCTION NUMBER ONE
In connection with Special Issues Numbers 1 and 2, you are instructed that to establish an oral gift of land there must have been a present gift. To constitute a present gift, there must have been an intent on the part of Barbara Everett to convey the property in question at the time she made the gift, if she made a gift. A promise to convey land in the future or to make a gift in the future, or to leave property in a will is not sufficient positive action to constitute a present gift.
*924DEFENDANTS’ REQUESTED. INSTRUCTION NUMBER TWO
In connection with Special Issue Number 3, you are instructed that the word ‘possession’ as used therein does not necessarily mean exclusive possession, but can mean the joint possession of Plaintiffs with Barbara Everett, however, it must be such possession in Nathan and Billie Hall that they would have the right of control which pertains to the status of an owner, and not the status of an employee.
DEFENDANTS’ REQUESTED INSTRUCTION NUMBER THREE
In connection with Special Issue Number Four, you are instructed that the term ‘valuable and permanent improvements’ as used therein means the improvements made must be of a permanent nature, and of such value, in comparison with the nature and value of the property upon which the improvements are made, as to enhance the value of such property to a substantial degree. Improvements of an insignificant value are not sufficient.
DEFENDANTS’ REQUESTED INSTRUCTION NUMBER FOUR
In connection with Special Issue Number Three, you are instructed that the word ‘possession’ as used therein does not necessarily mean exclusive possession, but can mean the joint possession of Plaintiffs with Barbara Everett, however, it must be such possession in Nathan and Billie Hall that they would have the right of control which pertains to the status of an owner.
DEFENDANTS’ REQUESTED INSTRUCTION NUMBER FIVE
In connection with Special Issue Number Four, you are instructed that the term ‘valuable and permanent improvements’ as used therein means the improvements made must be of a permanent nature, and of such value, in comparison with the nature and value of the property upon which the improvements are made, as to enhance the value of such property to a substantial degree.”
Appellants’ points five through ten are that the trial court erred in overruling objections made to the charge to the jury. Three of the objections were to Special Issue No. 2, supra, and were (1) that it was in the nature of a general charge and did not define an oral gift or state its elements (2) that their requested instruction No. 1, supra, was not given in connection with such issue and (3) that no instructions were given by which the jury could determine whether the gift inquired about had become complete at any stated time.
Another objection to the charge was that Special Issue No. 3, supra, was a general charge and permitted the jury to return a general verdict as to possession of the land without the benefit of appellants’ requested instructions, supra, as to such issue.
The objection to the charge presented in point ten was that Special Issue No. 4, supra, was a general charge which permitted the jury to return a general verdict as to improvements without the benefit of their requested instructions, supra, as to this issue.
Point eleven is that the trial court erred in overruling objections to the definition of “possession” given in the charge in connection with Special Issue No. 3, supra. The objections were that the definition was incomplete and did not conform to the elements of possession set out in the requested instructions of appellants, copied above. The Court instructed the jury that the word “possession” as used in this issue does not necessarily mean exclusive possession, but can mean the joint possession of plaintiffs with Barbara Everett.
The record discloses that in the pleading on which appellees went to trial they alleged a gift of this property occurring in 1962, *925and that during the trial a trial amendment was filed in which a gift in 1964 was alleged. The 1962 gift was negated and the 1964 gift was affirmed by the jury.
It is our opinion that the above points cannot be evaluated without a statement of facts. The general rule, supported by many authorities, is that a charge not glaringly erroneous under any state of facts that could arise under the pleadings will not be reviewed without a statement of facts. Freiberg, Klein & Co. v. Lowe, 61 Tex. 436, Trinity & Brazos Valley Ry. Co. v. Lunsford, 160 S.W. 677, Tex.Civ.App. Austin, writ ref. The rule applies not only to the charge given but to requested charges refused. Day v. Gulf, C. & S. F. Ry. Co., 297 S.W. 501, Tex.Civ.App. Austin, n. w. h., and cases therein cited.
Even though a charge given may appear to be erroneous, the appellate court, without a statement of facts, cannot determine whether the error was prejudicial except where the erroneous charge given, taken in connection with the pleadings and verdict leaves no doubt that the finding of the jury must have been controlled by it. Williams v. Texas & N. O. Ry. Co., 100 S.W.2d 1077, Tex.Civ.App. Waco, n. w. h., and authorities therein cited.
One of the latest cases applying the principles of the above cases is Lanier, Inc. v. Bexar County National Bank, 376 S.W.2d 42, Tex.Civ.App. San Antonio, n. w. h.
Rule 277, Texas Rules of Civil Procedure, does, in part, provide that the trial court shall submit such explanatory instructions and definitions of legal terms as shall be necessary to enable the jury to properly render a verdict on the issues submitted to it.
The problem here, however, is that without a statement of facts we cannot tell whether the failure to give such requested instructions was prejudicial to appellants. In fact, we cannot tell whether any issues should have been submitted to the jury. It could be that the parol gift and all of its elements were established as a matter of law by the testimony and admissions of appellants upon the trial.
There is no question presented that the verdict of the jury and the judgment rendered pursuant to it were not within the scope of the pleadings of the parties. In view of this, we will not analyze the pleadings.
It is our opinion that the charge to the jury was not so glaringly erroneous when considered with the pleadings for us to hold, as a matter of law, that the jury was necessarily misled thereby.
So believing, we overrule all points presented by appellants and affirm the judgment of the trial court.
Affirmed.
. Annie K. Patterson answered and judgment was taken against her although she was not named in appellees’ petition.