City of Bismarck v. St. Mary's Church

I dissent.

As a person I sympathize with the result attained by the majority; however, as a judicial officer having the responsibility of interpreting the law and not writing the law on subjects which have been so clearly legislated, I must put my personal sympathies aside and decide the case applying the law established by the Legislature. There are many cases that the law decides but there are few cases that decide the law. The law clearly decides this case.

Section 10-1011, N.D.R.C. of 1943, provided :

“All the property of every cemetery corporation and the lots sold by it to individual…