JOHNSON, Justice.
This cause was heard during the second week of the Wayne term of court which convened March 1, 1954. By stipulation of the parties, it was agreed "that the presiding Judge might sit without a jury, hear the evidence, find the facts and enter judgment thereon, out of term and out of the county, to have the same effect as if entered during the term." Thereupon Judge Grady proceeded to hear the evidence offered by each side. It consisted of the testimony...
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