Hughes v. Cowan Stone Co.

OPINION

F. LLOYD TATUM, Special Judge.

This is an appeal by the plaintiffs below from the action of the Chancery Court of Franklin County granting a motion for summary judgment. The plaintiffs present issue that the Chancellor erred in sustaining the motion.

In the first count of the complaint, the plaintiffs allege that they are owners of a tract containing 550 acres of land in Franklin County which was leased to the defendant, Cowan Stone Company, on November 10, 1956. It is charged that there is a 15-pole strip of land extending from the main tract to the L & N Railroad and that this 15-pole…