Thompson v. Deeds
Supreme Court of Iowa
.Appeal from Clinton District Court. — Hon. P. B. Wolee, Judge. Action in equity to restrain the defendant from' removing the body of one Philip Deeds, and to quiet plaintiff’s title to a burial lot Philip Deeds was first married in 1837, and lived with his wife until her death, in 1862. At her death, and by the consent of all parties, she was interred in the lot now claimed to be owned-by plaintiff, and which is in the cemetery at Lyons, Iowa,. Her remains still rest in…
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.Appeal from Clinton District Court. — Hon. P. B. Wolee, Judge. Action in equity to restrain the defendant from' removing the body of one Philip Deeds, and to quiet plaintiff’s title to a burial lot Philip Deeds was first married in 1837, and lived with his wife until her death, in 1862. At her death, and by the consent of all parties, she was interred in the lot now claimed to be owned-by plaintiff, and which is in the cemetery at Lyons, Iowa,. Her remains still rest in said place. He was married to the defendant in 1864, and lived with her until his death, in 1890, when, with the assent of…
1Opinion of the CourtKinne, J.
I. The fact that the plaintiff holds the legal title to the lot wherein, rest the remains of her dead father is not, to onr minds, of controlling importance, in determining as to the right of the defendant to remove his remains. If the title was held by a stranger, there might be reason for removing the remains of the deceased to a lot, the title toi which was in some member of his family. Especially so if he was bnried in a lot under the mistaken belief that he or some member of his family owned it, when in fact it belonged to some one else. As it is, the owner of the lot being his daughter,…
2Cases cited1 opinion
- French v. FrenchSupreme Court of Iowa · 1894
3Cited by31 opinions
- Anderson v. AchesonSupreme Court of Iowa · 1907
- In the Matter of the Estate of Mary Florence Whalen, Michael WhalenSupreme Court of Iowa · 2013
- Mills v. CAROLINA CEMETERY PARK CORPORATIONSupreme Court of North Carolina · 1955
- Goldman v. MollenSupreme Court of Virginia · 1937
- Sacred Heart of Jesus Polish National Catholic Church v. SoklowskiSupreme Court of Minnesota · 1924
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