Phelps v. Scott

The two above styled cases come here on separate appeals and are docketed as separate cases. The contending parties and the facts involved are the same. By agreement the cases were tried together as one case and the same bill of exceptions was filed in both cases. The same relief is sought in both. In fact, the two proceedings present substantially the same controversy, and were so treated in the trial court by the parties and by the court, although separate judgments were entered. In this situation we shall consider the cases together and dispose of them in one opinion.

The first case, No.…