HOLLEMAN v. ELMWOOD CEMETERY CORPORATION

SC 1209.

327 So.2d 716 (1976)

Charlotte Statum HOLLEMAN v. The ELMWOOD CEMETERY CORPORATION, a corporation, et al.

Supreme Court of Alabama.

January 22, 1976.


Attorney(s) appearing for the Case

John D. Prince, Jr., Birmingham, for appellant.

Spain, Gillon, Riley, Tate & Etheredge and H. H. Grooms, Jr., Birmingham, for Elmwood Cemetery Corp. and Harry W. Mueller, Jr.

Huie, Fernambucq, Stewart & Smith, Birmingham, for Elmwood Cemetery Corp.

Rogers, Howard, Redden & Mills and William N. Clark, Birmingham, for appellees Ruby Statum Perkins, H. T. Statum, Jr., Betty Joyce Hodges, Ruth Gibson, John P. Gibson, Jr., Pauline Jones, and Mrs. Mabel Lewis.


MERRILL, Justice.

This case arose out of a family dispute over the placement of a cemetery monument in the walkway easement between two cemetery lots. The trial court found for defendants and we affirm.

Appellant, Charlotte Statum Holleman, filed a suit in equity on June 19, 1973, requesting that appellees be enjoined from the maintenance and retention of a monument within the five-foot easement separating the North ½ of Lot 129 and Lot 137, Block 10...

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