Dickens v. Cave Hill Cemetery Co.
Court of Appeals of Kentucky
Case 68 — MANDAMUS APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. 1. Plaintiff had the right to sell and convey her cemetery lot. (Lantz v. Buckingham, 4 Lansing (N. Y.), 484.) 2. Though defendant be called a private corporation, nevertheless plaintiff is entitled to the writ of mandamus against it for the purposes prayed in her petition. (Maddox, &c., v. Graham & Knox, 2 Met. 65; Black.
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Case 68 — MANDAMUS APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. 1. Plaintiff had the right to sell and convey her cemetery lot. (Lantz v. Buckingham, 4 Lansing (N. Y.), 484.) 2. Though defendant be called a private corporation, nevertheless plaintiff is entitled to the writ of mandamus against it for the purposes prayed in her petition. (Maddox, &c., v. Graham & Knox, 2 Met. 65; Black. Com., vol. 3, p. 110; Tapping on Mandamus, chap. 3, pp. 9 and 10; Angelí & Ames on Corporations, secs. 707, 699, 700, 704 705, 710, 712 and 729; Commonwealth v. St. Patrick Benevolent Society, 2 Binn., 448;…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion op the court.
The appellee is an incorporated cemetery company in the city of Louisville. As such company it has the right to sell lots to persons for the burial of their dead. Martin A. Dickens, father of the appellant, bought a lot in said cemetery for a family burial ground. At his death he devised in general terms, all his estate, real and personal, to the appellant, except one dollar in money, which he devised to his son. The appellant contends that she is, *387under the will, entitled to the exclusive right to the said burial ground, and has the right to…
2Cases cited1 opinion
- Cassidy v. YoungCourt of Appeals of Kentucky · 1891
3Cited by6 opinions
- Brunton v. RobertsCourt of Appeals of Kentucky (pre-1976) · 1936
- Gordon, Huffaker & Garnett v. MorrowCourt of Appeals of Kentucky · 1920
- Booe v. KennerCourt of Appeals of Kentucky · 1899
- Franklin v. Pursiful, County JudgeCourt of Appeals of Kentucky (pre-1976) · 1943
- Montenegro-Riehm Music Co. v. Board of EducationCourt of Appeals of Kentucky · 1912
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