Rodman v. Mish

Throughout the defendants’ pleadings they refer to themselves as the “descendants” of Gabe Robason and also speak of the latter as their ancestor. Nowhere do they state their relationship to Gabe Robason, nor to any other person buried in the “Robason Burial Ground”.

In King v. Smith, 236 N.C. 170, 72 S.E. 425, Barnhill, J., speaking for the Court, said: “If the graves of the ancestors of plaintiffs were desecrated as alleged, then the cause of action created thereby vested in the next of kin of the Kings who were then living, but, in ascertaining who are the next of kin, it must be…