Legal Opinion

Fairlawn Cemetery Ass'n v. First Presbyterian Church, U. S. A. of Oklahoma City

Supreme Court of Oklahoma

Decided April 25, 1972No. 43036PublishedCited by 26 opinions

1Opinion of the Court

HODGES, Justice.

Plaintiff is a nonprofit organization engaged in the business of selling burial lots with obligations for their perpetual care.

In 1911 the plaintiff erected a concrete fence wall around a portion of their cemetery. The wall was built five feet high, four inches thick and nine hundred feet long of which the west 540 feet is in dispute in this action. The wall was placed two & one-half inches inside the property line of the plaintiff.

Plaintiff complains that in 1953 and 1954 the defendant commenced the construction of their church on the vacant land south of' this fence and…

2Cases cited4 opinions

  1. Big Four Foundry Co. v. HagensSupreme Court of Oklahoma · 1946
  2. Bradley v. RenfrowSupreme Court of Oklahoma · 1938
  3. Brown v. DonnellySupreme Court of Oklahoma · 1899
  4. Magnolia Pipe Line Co. v. PolkSupreme Court of Oklahoma · 1939

3Cited by26 opinions

  1. Lawmaster v. WardCourt of Appeals for the Tenth Circuit · 1997
  2. Williamson v. Fowler Toyota, Inc.Supreme Court of Oklahoma · 1998
  3. Davilla v. Enable Midstream Partners L.P.Court of Appeals for the Tenth Circuit · 2019
  4. Financial Associates, Inc. v. Hub Properties, Inc.Court of Appeals of Arizona · 1984
  5. Butler v. PollardCourt of Appeals for the Tenth Circuit · 1986

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