Board of Trustees v. Mount Carmel Community Cemetery Ass'n

The opinion of the court was delivered by

Dawson, C. J.:

This appeal is to test the propriety of the trial court’s ruling on defendants’ demurrer to plaintiff’s petition in an action to determine the title to a small parcel of cemetery ground in *244Jewell county and which also contains the remnant of a church building no longer used for religious or any other purposes.

The plaintiff’s petition alleged that the United Brethren Church is an ecclesiastic organization which had its origin about 1800 A. d. in a union of many religious bodies; that its affairs are governed by certain church laws and…