MILLIKEN, Justice.
This is an action brought under the Declaratory Judgment Act, Section 639a-1 et seq., Civil Code of Practice. The facts were stipulated as follows:
"For the purpose of eliminating the necessity of hearing proof in this cause, it is hereby stipulated and agreed by and between the parties and their counsel that the defendant, Herman Adams, was present at the time and knew that the tract of land in controversy as described in the description...
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