Powhatan Cemetery Ass'n v. Phillips

Larry D. Vaught, Judge.

This appeal is brought from an order granting appellee Scotty Phillips an easement across the Powhatan Cemetery, which is operated and maintained by the board of appellant, the Powhatan Cemetery Association. We affirm.

In 1877, a forty-acre tract of land in Lawrence County was deeded to B.F. Matthews, George Thornburgh, and C.T. Stuart as trustees of the Powhatan Cemetery. The tract, upon which the cemetery is still located, is divided by Highway 117, which runs from the northwest part of the tract to the southeast part. The grave sites are located east of the highway;…