#### Charles E. Smith, appellee, v. Frank C. Bellrose, appellant.

Gen. No. 6,446.

Assumpsit to recover royalties on sand removed under provisions of lease. Judgment for plaintiff. Appeal from the Circuit Court of La Salle county; the Hon. Edgar Eldredge, Judge, presiding. Heard in this court at the October term, 1917.

Reversed and remanded.

Opinion filed July 25, 1918.

Rehearing denied October 9, 1918.

Browne & Wiley and H. M. Kelly, for appellant. L. W. Brewer and Butters & dark, for appellee.

Mr. Justice Carnes

delivered the opinion of the court.