Staton and White v. . Davenport and Bell

(Edwards v. Thompson, 71 N.C. 177; Tankard v. Tankard, 84 N.C. 286;Bost v. Setzer, 87 N.C. 187, and Johnson v. Hauser, 88 N.C. 388, cited and approved). At Spring Term, 1884, by consent of parties, the cause was referred to James M. Mullen, Esq., "to hear and try the issues involved in the pleading, and to take and state such accounts as may be required by his decision; that he report the testimony and his findings to the next term of said court." To Fall Term, 1884, the referee reported the testimony and submitted the following as his findings of the facts:

1. That on the 18th day of…