Newell v. Cleveland Cemetery Assn.

OPINION

By LIEGHLEY, J.

Plaintiffs brought an action in -the common pleas court for injunction, ac-. counting, cancellation of contracts, quiet title and other equitable relief. Plaintiffs filed their action as lot owners in the cemetery in their own behalf and in behalf of all other lot owners therein. Answers were filed by certain defendants. After several hearings in that court, judgment for defendant was entered. Thereupon plaintiffs appealed to this court on questions of law and fact.

While pending here, a demurrer by the defendants hereinafter named was duly filed to the amended petition…