Carlton v. Cummins

This action was brought by the appellant against the appellee. It was submitted upon an agreed statement of facts, under section 386, p. 222, 2 G. & H.

There was an affidavit that the controversy was real, and the proceedings in good faith, to determine the rights of the-parties, attached to the agreed statement of facts. The court found and rendered judgment for the defendant. The plaintiff excepted to the conclusions of law of the court.

It is assigned as error, that the court erred in the conclusions of law upon the agreed facts.

The facts agreed upon "are as follows:

“ It is agreed by and…