Sibbel v. Fitch

Appellees filed their bill in equity to have the court establish over the property of the appellants a right of way to and from a family graveyard, title to which is now vested in the appellees and a third person not a party to the proceeding, and for other relief. The court granted the relief prayed and from the decree this appeal is entered.

In 1866 Thomas and John E. Fitch, appellees’ predecessors in title, conveyed a tract of land containing 9114 acres to John Sibbel and wife “saving thereout the family graveyard and reserving also a right of way to and from the graveyard.” Title to the…