McWhirter v. Newell
Illinois Supreme Court
Appeal from the Circuit Court of LaSalle county; the Hon. Charles Blanchard, Judge, presiding. This is a bill, filed on February 26,1902, in the circuit court of LaSalle county by the appellees, children and heirs of Thomas Newell and Sarah, his wife, against the appellant, alleging that Thomas Newell in his lifetime, and on February 28, 1856, bought a lot, known as lot 14 in the Troy Grove cemetery in the village of Troy Grove, and thereby became the owner of said lot, and…
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Appeal from the Circuit Court of LaSalle county; the Hon. Charles Blanchard, Judge, presiding. This is a bill, filed on February 26,1902, in the circuit court of LaSalle county by the appellees, children and heirs of Thomas Newell and Sarah, his wife, against the appellant, alleging that Thomas Newell in his lifetime, and on February 28, 1856, bought a lot, known as lot 14 in the Troy Grove cemetery in the village of Troy Grove, and thereby became the owner of said lot, and entitled to the sole and exclusive right to use the same for burial purposes and to the exclusive easement and enjoyment…
1Opinion of the CourtChief Justice Magruder
The questions involved in this case, as presented by counsel in their briefs, are principally questions of fact. These facts both the master and the chancellor below have found in favor of the present appellees. After a careful examination of the record, we are of the opinion that the findings of the master and the decree of the court are sustained by the evidence.
First—Counsel for appellant make five points, or take five positions in reference to the showing of the testimony as to the facts in this case. In disposing of the case we will refer only to these five points, as arising out of the…
2Cases cited1 opinion
- Buffalo City Cemetery v. . City of BuffaloNew York Court of Appeals · 1871
3Cited by21 opinions
- Brown v. HillIllinois Supreme Court · 1918
- People Ex Rel. Paxton v. Bloomington Cemetery Ass'nIllinois Supreme Court · 1933
- Louisville Cemetery Association v. DownsCourt of Appeals of Kentucky (pre-1976) · 1931
- Bogner v. VilligerAppellate Court of Illinois · 2003
- Sherrard v. HenryWest Virginia Supreme Court · 1921
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