Elliott v. Ferguson

TALBOT, Associate Justice.

This suit was instituted by appellees, Ferguson, Turner, Skillen, Lawther, Watts, Farrisch, Shaffner, Beeman, Wokaty, McCoy, Fearby and Froelich against appellants, J. T. Elliott, E. C. Smith, G. I). Smith and H. F. Smith, to enjoin, as a threatened nuisance, the location by appellants of a public cemetery on the lands described in appellees’ petition. Appellees alleged substantially that appellants had acquired the land described in appellees’ petition for the purpose of maintaining upon it a public cemetery for the interment of dead bodies; that in pursuance of…