Burke v. Wall

The opinion of the court on the original hearing was delivered by

Morgan, J.,

and on the rehearing by

Egan, J:

In December, 1857, the plaintiff purchased a lot of ground in the St. Patrick’s cemetery. The lot is the No. 18, in block No. 8.

He avers that he has caused to be erected on this lot a costly tomb. That he has enjoyed the servitudes belonging to the lot since-his purchase thereof. He avers that James Wall and others are attempting to destroy the conveniences of his tomb by interring the dead and erecting tombs and monuments on one of the avenues leading thereto, thus destroying his use of…