City of Franklin v. St. Mary's Roman Catholic Church

Opinion of the Court by

Chief Justice Carroll

Affirming.

*162In 1870 the city of Franklin, then in the fifth class, purchased and paid for about twenty acres of land to be used for. cemetery purposes, the fee simple title being conveyed to it.

In 1918, the St. Mary’s Roman Catholic Church, in connection with other appropriate officials of the Catholic church, brought this suit in equity against the city of Franklin, alleging that when the land for cemetery purposes was purchased, the city set apart for the use and benefit of the Catholic church, about six acres, situated on the northern boundary…