Board of Education v. Proprietors of Akron Rural Cemetery

During the course of this opinion the plaintiff in error will be referred to as the Board of Education, and the defendant in error as the Cemetery Corporation.

It was in the year 1880 that the Cemetery Corporation acquired land in excess of 50 acres. At that time the general law permitted cemetery corporations to hold land not in excess of 100 acres. R. S., 'Section 3571; G. 0., Section 10093. The section has since been amended to permit cemetery corporations to hold land not in excess of 640 acres. 109 Ohio Laws, p. 172. The legal question involved in this case is the same under the statute…