In re Assessment Against Property of Southern Railway Co.

It will be noted tbat tbe parties to this controversy agreed tbat tbe court below find tbe facts. Certain facts were agreed to and tbe court beard tbe evidence and found tbe facts. Tbe finding of *759facts by tbe court are as binding on tbe litigants as tbe findings by a jury. 38 Cyc., p. 1933 et seq.

Tbe court below found tbe following facts: “Tbat tbe locus in quo is one of tbe streets opened after tbe adoption of said resolution by tbe authorities of tbe town of Kernersville, and since 1877 bas been maintained as a public street of tbe town, and bas been worked by tbe city forces and used by…