Sharpe v. Jenkins

ELLIS, Judge.

This suit was instituted on October 18, 1961 in an effort to cancel a certain gravel lease affecting a tract containing 56 acres of land more or less. Plaintiff sought an injunction restraining the defendant from continuing gravel operations on the tract in question. In addition to this relief, plaintiff filed a rule to show cause why lessee should not vacate the leased premises.

Counsel for defendant filed exceptions of res adjudicata and of no right and no cause of action. Reserving all rights under these exceptions, an answer was also filed by defendant’s counsel.

Evidence was…