*STONE, LUCY E. - Faulkner County, Arkansas | LUCY E. *STONE - Arkansas Gravestone Photos

Lucy E. *STONE

Stone (aka Cadron Ridge) Cemetery
Faulkner County,
Arkansas

1866 - 1958

John
1858 - 1927

Faulkner Facts & Findings
Vol IX No 4 1967
Freddie Raymond Pike

While making plans for the building, the church discovered there was some dispute about the deed to the property. In acquiring a clear deed to the land the church had to go throught a long legal battle. On October 29, 1912, John Stone and his wife deeded a plot of land to the church for use as a cemetery and as a place of worship. On September 9, 1935, three deacons of the church, deeded the land to an individual for $1.00. It was this latter deed that the church voted to set aside on January 24, 1948. On May 24, 1948, a complaint was filed in circuit court by Dr. Rogers, Emil O. Pike and M. S. Brown on behalf of the church. the complaint stated that the deed filed October 29, 1912 in Book 38, page 80, by John Stone was still valid because all conditions of the deed--using the land for cemetery purposes and as a place of worship--had been fulfilled. The complaint denied that the three deacons had the authority to transfer the property and asked that this deed be set aside and declared null. The answer of the trustee for heirs of John M. Stone, deceased, was as follows: He denied that the Plaintiffs were the legal trustees of the church, that hey had authority from the church, and that they had the authority to wpend the money of the church for prosecuting the suit. He denied that the deed dated Oct 29, 1912, was intended for the exclusive use and benefit of the church, but for use and benefit as a public place of worship and cemetery. He stated that the three deacons did have the authority of the church to transact the deed and that the use of the property had been permissive and not exclusive. He asked that the complaint be dismissed and that his cost be paid.
Chancery Judge, J. B. Ward handed down his decision on October 9, 1948 and stated that after being advised to all the facts his decision was that the deed dated September 9, 1935, was to be set aside and declared null and void. The title to the land was given to the plaintiffs and their successors in office. The original deed was amended to state that J. C. Stone was appointed trustee of the cemetery with the authority to say where bodies could be buried but not the authority to reject or refuse anyone to be buried in the cemetery. In case of a dispute the trustees of the church would have the right to decide. He also stated that each party must pay his own cost.

Photo & Information added by hawkinsdonna@att.net

Contributed on 11/23/08 by mountain_veteran
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Record #: 108571

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Submitted: 11/23/08 • Approved: 5/2/15 • Last Updated: 5/5/15 • R108571-G108570-S3

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