Kingsbury v. Flowers
Supreme Court of Alabama
Appeal from the Chancery Court of Butler. Heard before the Hon. John A. Foster. The bill in tbis case was filed on the 3d September, 1880, by William H. Flowers, against John Kingsbury, Gray Thigpen, and his wife, Mrs. Kate Thigpen, formerly the widow of W. H. Thames; and sought to enjoin and restrain, as a nuisance,¡further interments in a private burial-ground, the property of said Kingsbury and said Thames.
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Appeal from the Chancery Court of Butler. Heard before the Hon. John A. Foster. The bill in tbis case was filed on the 3d September, 1880, by William H. Flowers, against John Kingsbury, Gray Thigpen, and his wife, Mrs. Kate Thigpen, formerly the widow of W. H. Thames; and sought to enjoin and restrain, as a nuisance,¡further interments in a private burial-ground, the property of said Kingsbury and said Thames. The bill alleged, that in June, 1863, when Kingsbury owned the land, one of his children died of small-pox, and was buried, “ by permission of the city authorities of Greenville, on a…
1Opinion of the Court
BRIOKELL, O. J.
— 1. The purpose of the bill is the prevention of future interments, on grounds which are owned in severalty by the appellant, Kingsbury, and the heirs of William H. Thames, deceased. Originally, Kingsbury devoted the premises to the burial of two deceased children; and afterwards, having permitted Thames to bury thereon one of his children, conveyed to him a part of them; and they have since been held for the purposes of burial of deceased members of their respective families. The bill does not unite separate, distinct, independent matters, joining defendants who have not a…
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