Witz v. Dale

Elliott, J. —

The appellant petitioned for an order to sell real estate of his decedent for the payment of debts djiefrom the estate. The petition is in the usual form, and is verified. Issues were formed and the case was submitted to the court upon an agreed state of facts.

Counsel for the appellant assert that the proceedings constitute an agreed case under the statute providing for submitting agreed cases, but in this they are in error. An agreed state of facts is simply the result of an agreement of the parties as to what the evidence in the case will prove. Many cases recognize and enforce…