Oak Park Cemetery, Inc. v. Donaldson

CODY, Justice.

This is. the second appeal of this case. Tex.Civ.App., 110 S.W.2d 119.

Suit was filed by J. I. Donaldson and others for themselves “and all others similarly situated”, and on behalf of owners of lots in Oak Park Cemetery, against Oak Park Cemetery, Inc., appellant, and against W. R. Britton, one of the appellees, seeking an injunction to prevent appellant and said appellee from platting into burial lots a part of the cemetery which the petition alleged had been irrevocably dedicated as a “Park” and “Flower Garden” and as a “Caretaker’s Home”, by the sale of lots to the plaintiffs…