Smith v. Cook

PONDER, Justice.

This is a motion on behalf of the defendant to remand this cause to the lower court. The motion was duly submitted for our determination.

' The defendant contends that subsequent to the judgment of the lower court in this cause the plaintiffs transferred certain mineral rights and that one of the plaintiffs transferred all his right, title, and interest in the land in controversy in this suit; that the case should be remanded to the lower court in order that the defendant may amend his pleadings, file the transfers in evidence, and deposit the amount paid to the plaintiffs by…