HUXFIELD CEMETERY ASS'N v. Elliott

This case concerns a three-acre tract of land known as Huxfield Cemetery and which party, Appellant or Respondents, may maintain control over the property. The special referee treated this dispute as an action to try title and ruled that because Respondents had superior title over Appellant, Respondents were entitled to maintain control over the cemetery and were permitted to charge a burial fee. We reverse the special referee’s order and hold Appellant has the right to maintain and control Huxfield Cemetery.

I

In 1881, William Rowe conveyed a 500 acre tract of land to Samuel Wall by deed,…