Partridge v. First Independent Church
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. In the year 1821, the appellee purchased in fee a parcel of land for a burial ground, and it was used for many years for that purpose. The late Eaton R. Partridge, in his life-time, paid to the appellee the sum of $25 for a lot in said burial ground, and obtained a certificate therefor, in the form issued to lot-holders by the appellee, which was neither sealed, acknowledged nor recorded.
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Appeal from the Circuit Court of Baltimore City. In the year 1821, the appellee purchased in fee a parcel of land for a burial ground, and it was used for many years for that purpose. The late Eaton R. Partridge, in his life-time, paid to the appellee the sum of $25 for a lot in said burial ground, and obtained a certificate therefor, in the form issued to lot-holders by the appellee, which was neither sealed, acknowledged nor recorded. The following is a blank form ot the certificate issued to lot-holders iu the burial ground: No. —. The First Independent Church oe Baltimore. No.-. This…
1Opinion of the CourtAlvey, J.
It being conceded that the proceedings for the sale of the burial ground or cemetery of the First Independent Church of Baltimore, were under the Act of 1868, chapter 211, and were in all respects regular, and in conformity to the requirement of that Act, the only questionsarising on this appeal are : 1st, as to the nature and extent of the interest of the lot-holders; and, 2nd, whether, and to what extent they are entitled 'to distribution of the proceeds of sale, for and in respect to improvements placed on the lots.
1. In determining the first of these questions, we must look to the…
2Cases cited3 opinions
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- Barnes v. BarnesSupreme Court of Vermont · 1834
- Richards v. Northwest Protestant Dutch ChurchNew York Supreme Court · 1859
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- Anderson v. AchesonSupreme Court of Iowa · 1907
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