Payne v. Town of Wayland
Supreme Court of Iowa
Appeal from Henry District Court.— Hon. James D. Smyth, Judge. Suit in equity to enjoin the defendant from using certain land for cemetery purposes. Judgment for the plaintiffs, from which the defendant appeals.—
1Opinion of the Court
Sherwin, J.—
The defendant is a town duly incorporated under the law of the state, and in virtue of the authority *660conferred upon it by chapter 10 of the Code it purchased land to be used by the inhabitants of the town for the burial of their dead. The plaintiffs are residents within or near the corporation, and brought this action in equity to restrain the defendant from using the land in question for cemetery purposes, alleging, in substance, that the land lies near the northern limits of the town, and in immediate proximity to the wells and other sources of domestic water supply of the…
2Cases cited8 opinions
- Laflin & Rand Powder Co. v. TearneyIllinois Supreme Court · 1890
- Shiras v. OlingerSupreme Court of Iowa · 1879
- Hurlbut v. McKoneSupreme Court of Connecticut · 1887
- Barnes v. HathornSupreme Judicial Court of Maine · 1866
- Lowe v. Prospect Hill Cemetery Ass'nNebraska Supreme Court · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Higgins v. Decorah Produce Co.Supreme Court of Iowa · 1932
- Amdor v. CooneySupreme Court of Iowa · 1950
- Dawson v. LaufersweilerSupreme Court of Iowa · 1950
- Hemminger v. City of Des MoinesSupreme Court of Iowa · 1925
- In the Matter of CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, Debtor. Appeal of IOWA DEPARTMENT OF TRANSPORTATIONCourt of Appeals for the Seventh Circuit · 1985
6 more not listed; retrieve them via the Exa API.