May v. Upton

Appellants, Mrs. J. R. May and three others, sought to enjoin the construction by appellee Howard O. Upton of an undertaking and embalming establishment, a funeral home, in the Town of Mendenhall. The Chancery Court of Simpson County denied the injunction. The question is whether the chancellor’s finding of fact, that the locality in which the proposed funeral home will be constructed is commercial and not essentially residential in character, is supported by the evidence. We think it is.

Mendenhall has a population of about 2,000 persons. The center of the town is the courthouse and…