Kitchen v. Wilkinson
Superior Court of Pennsylvania
Appeal, No. 12, Jan. T., 1904, by defendants, ' from decree of C. P. Luzerne Co., March T., 1901, No. 2, on bill in equity in case of Mary A. Kitchen v. Stephen Wilkinson et al. Bill in equity for an injunction to restrain defendants from interfering with the burial of the body of Ralph J. White in a public jurying ground. Before Dunham, P. J., specially presiding. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 12, Jan. T., 1904, by defendants, ' from decree of C. P. Luzerne Co., March T., 1901, No. 2, on bill in equity in case of Mary A. Kitchen v. Stephen Wilkinson et al. Bill in equity for an injunction to restrain defendants from interfering with the burial of the body of Ralph J. White in a public jurying ground. Before Dunham, P. J., specially presiding. The facts are stated in the opinion of the Superior Court. The court entered a decree in accordance with the prayer of the bill. , . Errors assigned were the dismissal of various exceptions to the court’s findings of fact and…
1Opinion of the Court
Opinion by
Hendebson, J.,
Among the findings of fact by the court below is the following : “ More -than sixty years ago the land of which the burial ground was composed was dedicated to the public for a public burial ground and from that time to the present period it has been openly, notoriously and continuously under claim of right and with the knowledge and consent of the owners of the fee used by the general public as a public burial ground for the purpose of burying their dead therein.” The finding is fully justified by the evidence offered at the trial. As to a small part of the burial…
2Cases cited4 opinions
- Beatty and Ritchie v. Kurtz and OthersSupreme Court of the United States · 1829
- Pettigrew v. PettigrewSupreme Court of Pennsylvania · 1904
- Davidson v. ReedIllinois Supreme Court · 1884
- Appeal of GumbertSupreme Court of Pennsylvania · 1885
3Cited by8 opinions
- Kreeger's EstateSupreme Court of Pennsylvania · 1923
- Baker's Estate, Pennsylvania Court of Common Pleas, Montgomery County1940
- Deaven's EstateSuperior Court of Pennsylvania · 1906
- Dever EstatePennsylvania Orphans' Court, Philadelphia County · 1953
- Goldstein v. Heirs & Assigns of Cloyd, Pennsylvania Court of Common Pleas, Chester County1961
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