Briggs v. Bloomingdale Cemetery Ass'n

The defendant entered into a contract dated April 9, 1919, whereby the cemetery association granted to the cement and plaster company the exclusive right and privilege of entering in and under the lands of the cemetery, for the term of five years, and for the purpose of mining gypsum; and the contract further permits the cement and plaster company to sink shafts in the cemetery lands, with the written consent of the cemetery association; and further provides that the lease or contract may be renewed for a period of fifty years.

This action was brought to secure a permanent injunction against…