statement of realities, decided on because of the parties as real and proper, become submitted to a court for a ruling on the legislation of the simplicity. United states of america Trust Co. v. New Mexico, 183 U. S. 535, 22 Sup. Ct. 172, 46 L. Ed. 315; Reddick v. Pulaski County, 14 Ind. App. 598, 41 N. El 834.