Cordell v. Grove Stone and Sand Company

The plaintiff challenges the correctness of the ruling of the court below in sustaining the defendant’s motion for judgment as of nonsuit. He contends that defendant abandoned the E. W. Grove lease with respect to Tract 3, containing 75 acres, the 33 acres involved herein being a part thereof. He further contends that such abandonment occurred prior to 12 November 1935, the date of the deed from W. C. Hunnicutt and wife to James T. Ellis and wife, Lizzie O. Ellis, parents of plaintiff’s wife, Lillie May Cordell.

The plaintiff’s assignments of error Nos. 1 through 7 are based on exceptions to…