Wormley v. Wormley
Illinois Supreme Court
Writ op Error to the Circuit Court of Kendall county; the Hon. Charles A. Bishop, Judge, presiding. This is a bill in chancery, filed in the circuit court of Kendall county on June 10,1899, by the plaintiff in error, George D. Wormley and all of the defendants in error except John T. Wormley, (said defendants in error, except John T. Wormley, being- ten in number,) as complainauts, against defendant in error, John T. Wormley, as defendant.
Read the full summary
Writ op Error to the Circuit Court of Kendall county; the Hon. Charles A. Bishop, Judge, presiding. This is a bill in chancery, filed in the circuit court of Kendall county on June 10,1899, by the plaintiff in error, George D. Wormley and all of the defendants in error except John T. Wormley, (said defendants in error, except John T. Wormley, being- ten in number,) as complainauts, against defendant in error, John T. Wormley, as defendant. A general demurrer was filed to the bill. On January 4, 1901, the demurrer was sustained. Subsequently on April 3, 1901, the bill was dismissed for want of…
1Opinion of the CourtJustice Magruder
First—It is well settled in the United States, that cemeteries are among the purposes, for which land may be dedicated; and it is held that, upon such dedication, the owner is precluded from exercising his former rights over the land. (5 Am. & Eng. Ency. of Law, —2d ed. — p. 784, and cases referred to"in notes).
It is also well settled, that a court of equity will enjoin the owner of land from defacing, or meddling with, graves on land, dedicated to the public for burial purposes, at the suit of any party, having deceased relatives or friends buried therein. (Beatty v. Kurtz, 2 Pet. 585;…
2Cases cited8 opinions
- President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
- Beatty and Ritchie v. Kurtz and OthersSupreme Court of the United States · 1829
- McIntyre v. SholtyIllinois Supreme Court · 1891
- Davidson v. ReedIllinois Supreme Court · 1884
- Alden Coal Co. v. ChallisIllinois Supreme Court · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Brown v. HillIllinois Supreme Court · 1918
- Chew v. First Presbyterian Church of Wilmington, Del., Inc.District Court, D. Delaware · 1916
- Hertle v. RiddellCourt of Appeals of Kentucky · 1907
- Parker v. Fidelity Union Trust CompanyNew Jersey Superior Court Appellate Division · 1944
- Barker v. Hazel-Fain Oil Co.Court of Appeals of Texas · 1920
14 more not listed; retrieve them via the Exa API.