GOINS v. BEECH BOTTOM BAPTIST CHURCH


231 S.W.2d 23 (1950)

GOINS et al. v. BEECH BOTTOM BAPTIST CHURCH et al.

Court of Appeals of Kentucky.

June 16, 1950.


Attorney(s) appearing for the Case

W. B. Early, Williamsburg, Victor A. Jordan, Barbourville, for appellants.

Glenn H. Stephens, Williamsburg, T. E. Mahan, Williamsburg, for appellees.


STANLEY, Commissioner.

On October 13, 1906, Eli Goins conveyed 214.13 acres in Whitley County to the Louisville Property Company. In order to perpetuate a prior established family burying ground, the deed contained the following exception:

"There is a graveyard upon this tract of land being seventy yards by thirty five yards and now under a barbed wire fence, the grantors herein reserve this one-half acre as now fenced for themselves and kinfolks for the sole...

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