Eternal Cemetery Corporation v. Tammen

MASSEY, Chief Justice.

This is a suit for permanent injunction. Actually, there were two sets of plaintiffs who were seeking the injunction, the grounds upon which each set predicated its plea for the relief being separate and distinct. The injunction was granted in the trial upon a judgment, the form of which upheld the grounds of both sets of plaintiffs. In other words, the trial court held that one set of plaintiffs was entitled to injunction on the ground that the use to which the defendants sought and threatened to put the surface of their land would destroy the mineral estate under the…