Conger v. Treadway

The case shows that one De Noyells, being the owner of a lot of land containing some thirteen acres, conveyed ten elevenths of the same to ten individuals on the condition that the same was conveyed “ For the purpose of a cemetery or burying place for the dead, and for no other purpose.” The plaintiff became subsequently the owner by deed in partition dated January 9, 1882, of all those portions of the lot “ not sold or parted with before the date of said deed.” The defendant claims to have been a purchaser of the lot in question before plaintiff got his deed. The evidence shows that the…