The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-12-04

Court yesterday NuOTIllIlSi anu 40 ""S
stated in the Morning News, granted
the requests in the petition and sus-
tanned the action of the governing
committee of the petitioning company
in passing certain rules and bylaws
which. when operated, were successful
in excluding the said Joe Williams
from the premises over which the Ev-
ergreen Cemetery Company has con-
troll
The decision in full is as follows:
The plaintiff in this case, the Ever
green Cemetery Company of Bonaven-
ture filed it's petition in this court on
Oct 20, 1903. against Joseph Williams,
praying for an injunction against him.
1t was alleged that the petitioner was
the owner of a cemetery known as
"Bonaventure:" that the defendant
Williams had committed various acts
of trespass in violation Of the rules OF
the cemetery, and asking that he be
enjoined from entering upon or com
hitting any acts of trespass Wlthln
the limits of the enclosure of the celne-
terry. The defendant answered denying
the allegations OF trespass and attack
ing the authority of the plaintin 10
control the premises in question. Inc
case came on for a hearing upon the
pleadings and evidence, and was ar
gued by counsel.
The facts are these: In the year
1850 Col John Mulryne came to TINS
country from England and bought the
ground which now embraces BonaVen-
ture, and settled upon it, naming II
"Bonaventure. In 1861 his daughter,
Mary Mulryne. married Josiah TAFT
nall the father of Gov. Tattnall of
Georgia, the latter being born on the
place in 1865. From Gov. Tattnan II
descended to his son Josiah Tattnall,
the famous commodore. On March II,
1876. Commodore Tattnall conveyed
Ronaventure by deed, to Peter Witt
berger. 80
Peter Wiltberger, the owner, in 1S4r
applied to the Legislature for charter
TO incorporate a cemetery company To-
Gated at Bonaventure, and the act OF
INCORPORATION was duly passed by the
LEGISLATURE and approved by the Gov
ernor. Dec 27, 1871 The preamble or
caption to the act is in the following
words.
Whereas, Peter Wiltberger, citizen
of Savannah, in the county OF Chat-
ham. state of Georgia, is seized IN
Zee OF a tract OF ldilu III LilC ScilN NCA'A7
ty three miles distant from the city
of Savannah. known as Bonaventure,
a certain portion of which, seventy
acres in extent. he has caused to be
surveyed and designated by marks ana
boundaries, and inclosed by substan-
tial fencing, and otherwise improved
and ornamental; and has so set apart,
designated, and enclosed the same, Ior
the purpose of establishing decent
nd c,7ff n OlonR of the burial OF
the dead; and in order to secure, at
all future times, the reverent appllca-
ton of the same to that solemn pur-
pose alone, is DESTROYS that he, with
certain others hereinafter designated
and described, shall be associated by
an act of Incorporation, for the pur-
pose aforesaid. And, whereas, 1t is
necessary and becoming that such pro-
visions should be made by law as
shall ensure continued protection from
sacrilegious disturbance to the re-
mains of friends and relatives who
may be there committed to the earth.
The incorporators named in the act
were: Peter Wiltberger, Josiah TAFT
nall John Stoddard, Richard d. Ar
mold. William Duncan, Robert Haber-
sham, Joseph S. Fay, William H. Mon
gin, William b. Hodgson, p. M. Kol-
lock, Charles Green, c. P. Richardson,
Anthony Porter, Jacob Waldburg, Hen
ry Roser, Alexander A. Smets."
Section Three of the Act of Incorpora-
ton is as follows:
And be it further enacted by the
authority aforesaid, that the seven Cd
persons first named in the first sec
ton of this act be, and they are here
by, appointed managers of the said
Evergreen Cemetery Company, and
shall continue in office until their
successors shall be elected; and that
they and their successors shall have
exclusive superintendent of the
said cemetery, and the property
and appurtenances belonging to the
same; and shall have power to lay
out and ornament the grounds, to
erect suitable buildings, to arrange
and dispose of burial lots, and to
make necessary bylaws, rules and
regulations relative to the election
and duties of managers and their sue
cessors, the appointment Of suitable
officers and agents, and their several
duties and compensation, the employ
ment of workrien, the government of
lot-holders and visitors to the ceme-
terry, and all such other matters as
may be necessary and proper in the
premises"
Peter Wiltberger died without ever
having conveyed the land at Bonaven-
ture to the corporation above re-
terred 10. Inc lanu ueSCenueu 10 MS
son, William II. Wiltberger. who, on
July l, 1862 conveyed the premises to
himself and fifteen others, in consid-
GRAFTON of $4,000 paid by the parties
of the second part, and in further con-
sideration of certain covenants enter
ed into by the parties of the second
part with him, among which was
covenant to convey, by quit-claim,
the premises conveyed to them to the
Evergreen Cemetery Company of
Bonaventure in consideration of
script being issued to them in
proportions named and corresponding
to the several amounts each had paid
to Wiltberger, this script" represent
ing capital stock in the Evergreen
Cemetery Company of Bonaventure.
This conveyance was a bilateral con-
tract and was duly signed and sealed
by both parties. 1t specifies that both
the parties of the first part who con-
veyed the land, and the cemetery COM
pany should fix the price at which
lots should be sold in the cemetery. 1t
obligated the cemetery company to
convey the lots sold to the purchas-
ers at the prices fixed as aforesaid,
and to pay 80 per cent. Of the pro-
eeeds of such sales to the parties of
the first part, prorated according to
the number of shares of stock sever
ally held by each Of them, and that
as soon as all the lots,
which were set apart for
burial purposes, had been sold, and
the proceeds thereof paid and invested
as above stated, ''the consideration and
purchase money of said tract of land
shall be deemed and held to be paid