Washington Supreme Court January 8, 1895, No. 1214 (Dyer v. Morse)

The opinion of the court was delivered by

Hoyt, J.

This action was heard in the superior court upon stipulation of counsel, and an agreed statement of facts. By the stipulation it was agreed that the cause should be tried as one in equity, upon such statement of facts, without the introduction of other testimony. From this statement it appeared that in October, 1865, Samuel Atkinson and George E.