Rhodes v. Nicklas

TURNAGE, Presiding Judge.

Dwight Rhodes and others brought this suit to enjoin the Nicklases from interfering with a cemetery located on land purchased by the Nicklases. The court entered judgment in favor of the Nicklases and Rhodes appeals.

The contentions concern whether or not the cemetery was properly established as a private cemetery. Reversed and remanded.

There is little, if any, dispute as to the facts. In 1878, Fanny Frazier conveyed the northwest quarter of the southwest quarter, one acre reserved for graveyard, in Section 26, Township 45, Range 11, in Calla-way County. The abstract…