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FAIRLAWN CEMETERY ASS'N v. FIRST PRESBYTERIAN CHURCH

No. 43036.

496 P.2d 1185 (1972)

FAIRLAWN CEMETERY ASSOCIATION, a corporation, on behalf of itself and of all owners of lots in Fairlawn Cemetery in Oklahoma City, Oklahoma, Appellant, v. The FIRST PRESBYTERIAN CHURCH, U.S.A. OF OKLAHOMA CITY, Oklahoma, Appellee.

Supreme Court of Oklahoma.

April 25, 1972.

Attorney(s) appearing for the Case

Berry & Weiss by Charles N. Berry, Jr., Oklahoma City, for appellant.

Monnet, Hayes, Bullis, Grubb & Thompson by John T. Edwards and Claude Monnet, Cheek, Cheek & Cheek by Alex Cheek, Oklahoma City, for appellee.

HODGES, Justice.

Plaintiff is a nonprofit organization engaged in the business of selling burial lots with obligations for their perpetual care.

In 1911 the plaintiff erected a concrete fence wall around a portion of their cemetery. The wall was built five feet high, four inches thick and nine hundred feet long of which the west 540 feet is in dispute in this action. The wall was placed two & one-half inches...

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