Legal Opinion
Arlington Cemetery Corp. v. Bindig
Supreme Court of Georgia
Decided November 14, 1956No. 19496PublishedCited by 16 opinions
1Opinion of the Court
Head, Justice.
1. Count 2 alleges that the tract of 100 acres conveyed to the defendant has never been dedicated or used for cemetery purposes since the license was issued to the defendant’s predecessors in title in July, 1926, and that the license to operate a cemetery, as to the 100 acres, has been abandoned. An easement or right may be lost by nonuser if it shall continue for a time sufficient to raise a presumption of abandonment. Code § 85-1403. It was not error to overrule the general demurrer to count 2.
2. In the exercise of the police power of the State, and in order to promote the…
2Cases cited17 opinions
- Lawton v. SteeleSupreme Court of the United States · 1894
- Close v. Glenwood CemeterySupreme Court of the United States · 1883
- Mayor of Macon v. FranklinSupreme Court of Georgia · 1852
- East Atlanta Land Co. v. MowerSupreme Court of Georgia · 1912
- South View Cemetery Association v. HaileySupreme Court of Georgia · 1945
12 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Powell v. StateSupreme Court of Georgia · 1998
- City of LaGrange v. Troup County Electric Membership Corp.Court of Appeals of Georgia · 1991
- Underwood v. StateCourt of Appeals of Georgia · 1996
- State Ex Rel. State Highway Commission v. MauneyNew Mexico Supreme Court · 1966
- Arlington Cemetery Corp. v. HoffmanSupreme Court of Georgia · 1961
11 more not listed; retrieve them via the Exa API.