HERMAN, J., September 16, 1963.
In this equity suit the parties have prepared no pleadings, but, in lieu thereof, have filed a paper entitled: "Case Stated," in which they agreed upon all of the facts and asked this court to render a special verdict. At the time of the argument before the court en banc the parties stipulated that one member of the court, acting as chancellor, might make findings of fact and conclusions of law, and enter a decree nisi.
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