Wilder v. Evangelical Lutheran Joint Synod

During the course of his opinion the learned circuit judge said:

“When a plot of ground has been conveyed for burial purposes and such purpose actually put in effect, it remains a cemetery until abandoned or vacated by lawful authority. . . . Without attempting to define what the *167law declares to constitute abandonment, I will say that the proof in this case falls short of establishing abandonment. On the other hand, the state, under its police power, acting through the legislature, has effectually vacated the cemetery and authorized the removal of the bodies buried there. That is as far as the…