Merriman v. Westlawn Cemetery Ass'n

Plaintiffs appeal from dismissal of their bill of complaint filed to enjoin the defendant cemetery association from selling any part of certain lands in Wayne county and to decree plaintiffs the owners thereof. The record before us fairly establishes the factual situation, as follows:

Plaintiffs are the sole heirs-at-law of one Zachary Merriman who died intestate in 1923. Prior to September 20,' 1916, Zachary Merriman was the owner in fee of a three-fourths interest in the lands in question, the other one-fourth interest being, owned by Adaline Merriman, the widow of his deceased brother. On…