Mid-County Cemetery District v. Thomason

This is a suit in equity brought by Mid-County Cemetery District, a municipal corporation, to enjoin the defendants from interfering with the use by the public (including plaintiff) of a roadway known as Patterson Drive, which, plaintiff alleges and defendants deny, is a dedicated street of the city of Canyon City. The trial court entered a decree for the plaintiff, from which this appeal was taken.

Plaintiff claims dedication of Patterson Drive by implication and the evidence was directed mainly to that issue. Plaintiff’s particular interest lies in the fact that a cemetery owned and…