Majority
p. 745Clarence R. Conger, App’lt, v. Wolsey T. Weiant et al., Resp’ts. Clarence R. Conger, App’lt, v. John Treadway, Resp’t. (Supreme Court, General Term, Second Department, Filed December 9, 1889.)
Headnote
1. Cemeteries—Right to burial in lot.tío formal deed is necessary to confer an exclusive right to use a cemetery lot for burial purposes; exclusive permission to bury in it is sufficient.
2. Same—Title by adverse possession.
Twenty years possession of such lot under a claim of title is sufficient to. defeat an action of ejectment.
Appeals from judgments entered in favor of the respective defendants upon verdicts.
Actions of ejectment to recover certain plots of ground in Mount Bepose Cemetery in Haverstraw.
Plaintiff by a partition deed in 1882 became the owner of all those portions of the cemetery lot “not sold or parted with before the date of said deed.”
In 1864 Abram Weiant entered upon his lot and buried members of his family upon it from that time until 1882, without objection. A book was also produced stating a sale thereof to him.
In 1869 John Treadway purchased a lot, paid for it and took a receipt, but no formal deed was given. Burials were made upon it and monuments erected.
Irving Brown, for app’lt; Geo. W. Weiant, for resp’ts.
The facts are the same as when these causes were formerly before the court, and the opinions then filed, see 3 FT. Y. Supp., 152, 153; 20 FT. Y. State Bep., 774, 775, cover the case and render further discussion superfluous.
In addition to the reasons then given it may be said that more than twenty years possession under a claim of title is shown, which would of itself defeat the actions.
FTone of the rulings upon the trial now objected to had any effect upon the determination, and if any of them were erroneous, no harm resulted.
Judgment affirmed, with costs.
Barnard, P. J., concurs; Dykman, J., not sitting.