Mount Hope Cemetery Co. v. Pleasant

The opinion of the court was delivered by

Dawson, J.:

In this proceeding the Mount Hope Cemetery Company invokes our original jurisdiction to require the state tax commission to order stricken from the tax rolls of Shawnee county a quarter section of land lying near Topeka which was conveyed to plaintiff in trust for cemeteiy purposes, and the net income of which is devoted to educational, religious and charitable purposes.

The facts are not in dispute, but owing to their importance must be stated at some length: On and prior to April 4, 1907, A. B. Whiting and wife owned the northwest quarter…