Thomas v. . Reavis

Stacy, 0. J.

This is not a controversy without action submitted on an agreed statement of facts for the determination of a question in difference between the parties, as authorized by C. S., 626, but it is a suit to compel specific performance of defendant’s bid for a tract of land, made at a sale thereof, and to recover the amount so offered or bid. Certain facts having been agreed upon by the parties, a jury trial was waived and the matter submitted to the court for its decision, on the facts agreed, as to the validity of the title offered by the plaintiff.

While disposed to agree with the…