Boyd v. Brabham

This is an appeal from a summary judgment entered against Dempsey Boyd and Frances S. Boyd, his wife (defendants). Plaintiffs are the heirs of Matthew Fenn. They filed a complaint alleging that the one acre of land set aside as a cemetery under the will of Matthew Fenn constituted an easement on land now owned by the Boyds. Defendants, desiring to expand their business, prior to the filing of the complaint, had their agents contact plaintiff Nancy Fenn Compton in an attempt to get permission from the Fenn heirs to remove the bodies buried at the site and reinter them elsewhere. Defendants…