Mt. Gilead Church Cemetery v. Woodham

Lottie Woodham and her daughter Frankie W. Johnson filed a complaint against Mt. Gilead Church Cemetery, a corporation, and against the trustees of the corporation. The complaint included a count in trespass, a bill to quiet title, and a count in ejectment. The trial court ruled for the plaintiffs.

In 1893, J.J. Herndon and his wife Kitty Ann Herndon deeded to "Mt. Gilead Church and their successors of the Primitive Baptist faith and order" a described parcel of land comprising "four acres more or less."1 The deed included the following condition: "It is expressly agreed that if the said Mt.…