No Standing for Action to Quiet Title in Cemetery

Laws governing cemeteries allow vesting of title in the public through trustees. Plaintiffs in Stephens Cemetery v. Wilma Elizabeth Tyler were not trustees of the cemetery, and the circuit court failed to appoint trustees, which shows no standing to sue. A corporation created within the ten-year period for adverse possession and without claiming tacking onto predecessor’s possession, has not shown standing to seek a quiet title to land. The circuit court erred in vesting title in the public because statutes governing an action to quiet title require a defendant to claim interest in the property and plaintiffs did not name any.

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