Mount Hope Cemetery Co. v. City of Topeka

In my opinion, the appeal of the cemetery is meritorious and the judgment of the trial court should be reversed. Under these circumstances the city’s appeal is moot.

*709The provisions of G. S. 1949, 17-1302, quoted in the court’s opinion, are ambiguous. Lots sold and conveyed in a cemetery must be held by the proprietor for the purpose of sepulture only, and are not subject to attachment or execution. This simply means that should a levy for special assessments be made against the proprietors of cemetery lots, the collection could not be enforced. The statute in the preceding sentence exempts…