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POWHATAN CEMETERY ASS'N v. PHILLIPS

No. CA 04-935.

206 S.W.3d 277 (2005)

POWHATAN CEMETERY ASSOCIATION, Appellant v. Scotty PHILLIPS, Appellee.

Court of Appeals of Arkansas, Division I.

April 6, 2005.

Attorney(s) appearing for the Case

Dick Jarboe, Walnut Ridge, for appellant.

Legal Aid of Arkansas, by: Barbara Griffin, Newport; and Barrett & Deacon, P.A., by: D.P. Marshall, Jr., Jonesboro, for appellee.

LARRY D. VAUGHT, Judge.

This appeal is brought from an order granting appellee Scotty Phillips an easement across the Powhatan Cemetery, which is operated and maintained by the board of appellant, the Powhatan Cemetery Association. We affirm.

In 1877, a forty-acre tract of land in Lawrence County was deeded to B.F. Matthews, George Thornburgh, and C.T. Stuart as trustees of the Powhatan Cemetery. The tract, upon which the cemetery is still located, is divided...

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