In re the Lyons Cementery Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by Amelia Smart from a judgment of the Supreme Court in favor of the petitioner, entered in the office of the clerk of the county of Wayne on the 20th day of July, 1903, upon the report of a referee.
1Opinion of the Court
Williams, J.:
The judgment should be affirmed, with costs. The proceeding was commenced by the Lyons Cemetery Association to acquire title to real estate owned.by Amelia Smart.
The cemetery association was organized in 1847 under chapter *20133 of the laws of that year for the incorporation of rural cemetery associations. All except section 10 of the act of 1847 was repealed by the Membership Corporations Law (Laws of 1895, chap. 559), and the substance of the act of 1847 and that of several amendatory statutes also repealed by the Membership Corporations Law were re-enacted by that law. .Under…
2Cases cited4 opinions
- In Re Deansville Cemetery Ass'n to Acquire Title to Lands of MillerNew York Court of Appeals · 1876
- Pocantico Water Works Co. v. BirdNew York Court of Appeals · 1891
- Matter of BurnsNew York Court of Appeals · 1898
- Stannards Corners Rural Cemetery Ass'n v. BrandesNew York Supreme Court · 1895
3Cited by7 opinions
- University of Southern California v. RobbinsCalifornia Court of Appeal · 1934
- Grove Hill Realty Co. v. Ferncliff Cemetery Ass'nNew York Court of Appeals · 1960
- Reed v. Knollwood Park Cemetery, Inc.District Court, E.D. New York · 1977
- Pinelawn Cemetery v. CesareNew York Supreme Court · 1977
- County of Suffolk v. Pinelawn CemeteryAppellate Division of the Supreme Court of the State of New York · 1987
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