Rhodes Cemetery Ass'n v. Miller

Maxwell, Judge:

This controversy pertains to the bounds of a small cemetery on the defendant’s farm and the course and width of a passageway' between the cemetery and the public road. From a decree determinative of these questions in accordance with the claim of the plaintiff the defendant, S. M. Miller, has appealed.

In 1902 Joseph T. Rhodes, then the owner of a farm of a little more than 100 acres in Kingwood District, Preston County, executed and delivered to Rhodes Cemetery Association a deed for a burial plot of one-half acre in the midst of his farm, and a right of way for passage to and…