DENNY, Justice.
This cause was heard by the court below without a jury, by agreement of the parties, upon the pleadings, the evidence offered, and the stipulations.
G.S. § 1-253 of the Uniform Declaratory Judgment Act reads as follows: "Courts of record within their respective jurisdictions shall have power to declare rights, status, and other legal regulations, whether or not further relief is or could be claimed. No action or proceeding shall be open...
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