Capen v. Leach
Massachusetts Supreme Judicial Court
Bill in equity, filed September 5, 1901, to restrain the defendants from removing or interfering with a certain monument erected by the plaintiff in a burial lot in the town of Hampden owned in common by the plaintiff and the defendants. The defendants demurred to the bill. The Superior Court sustained the demurrer; and the plaintiff appealed.
1Opinion of the CourtBarker, J.
The bill shows that the plaintiff is one of four heirs at law who are tenants in common of a burial lot in a cemetery in the town of Hampden. Whether the cemetery is one the lots in which are governed by the statutory provisions now in force as enacted in R L. c. 78, §§ 26, 27, does not appear. The bill alleges that she has selected for the purpose of her burial a corner of the lot and caused a granite monument to be erected thereon which the defendants, two of the three persons who are tenants in common with her, have removed and left exposed and unprotected thereby causing irreparable…
2Cases cited3 opinions
- Byam v. BickfordMassachusetts Supreme Judicial Court · 1885
- Ingalls v. NewhallMassachusetts Supreme Judicial Court · 1885
- Harford v. TaylorMassachusetts Supreme Judicial Court · 1902
3Cited by7 opinions
- Muskeget Island Club v. PriorMassachusetts Supreme Judicial Court · 1917
- McAndrew v. QuirkMassachusetts Supreme Judicial Court · 1952
- Brady v. City CouncilMassachusetts Appeals Court · 2003
- State v. HoskinsSupreme Court of Missouri · 1948
- Parry v. DelaneyMassachusetts Supreme Judicial Court · 1941
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