Riverie v. Mills

ALFORD, Judge.

This appeal arises from an action for declaratory judgment wherein plaintiffs, Jimmie Riverie and Joe Ziegler, sought to have a tract of land declared a cemetery and to obtain an order to have defendant, Lewis T. Mills, remove a fence which he erected that allegedly encroaches upon the cemetery.

The property in dispute was transferred by Adolphe F. Cousin to Elmina Ducre, Mr. Ziegler’s grandmother by deed dated August 24, 1909. The deed which was properly entered into evidence contained the following stipulation:

This sale is made with the express condition and stipulation that…