Ex Parte McCall

April 19, 1904. The opinion of the Court was delivered by The Presbyterian Church of Florence wishes to sell its church lot, with a view of building its house of worship on a more suitable site. The lot attached to the church was used as a cemetery from about 1861 to 1885. To test the right of the church to sell the property, including the ground used as a cemetery, Valcour Little instituted this friendly proceeding to enjoin the church from removing the remains of his daughter buried in the cemetery. Subsequently, H.C. McCall and S.T. Burch intervened in earnest hostility to the sale of the…