Crawford v Bradley

JurisdictionIreland
CourtCircuit Court
Judgment Date01 Jan 1940
(Cir. Ct.),
Crawford
and
Bradley

Ownership of soil -Exclusive right of burial - Remedy for encroachment - Erection of railings - Right of control -Powers of Incumbent and Churchwardens -Different classes of burial grounds - Irish Church Act, 1869 - Constitution of the Church of Ireland - Public Health Act, 1878 - Burial Grounds Acts.

B. and C. held by prescriptionthe exclusive right of burial for their families in adjoining plots in what was admittedly the Parish Churchyard of R. which was vested in the Representative Church Body under the Irish Church Act, 1869. Disputes arose between them as to the boundary between the two plots and it was held by the Court as a fact that B.had encroached upon C's plot. C. asked the Incumbent for permission to erect a railing, which was given. The permission of the Churchwardens was not asked. C. erected a railing around the entire plot claimed by him. B., who was also sexton, complained and the Incumbent revoked his permission and the latter and the Churchwardens instructed B.to remove the railing. B. did so and also placed a stone over the disputed plot. The Representative Church Body brought a civil bill against C. for trespass and an injunction, and C.counter-claimed for trespass and an...

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  • McCarthy v Johnson
    • Ireland
    • High Court
    • 11 April 1988
    ...S199 CAHILL V SUTTON 1980 IR 269 LYNCH, STATE V COONEY 1982 IR 337, 1982 ILRM 190, 1983 ILRM 89 REPRESENTATIVE CHURCH BODY V CRAWFORD 74 ILTR 49 BOARD OF DEACONS V ASTON 1898 33 ILTR 46 NUGENT V NUGENT 1897 31 ILTR 142 CLEGG V METCALF 1914 1 CH 808 CEMETERY CLAUSES ACT 1947 S10 BURIAL AC......

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