Jung v. Neraz

Citations

• 71 Tex. 396
• 9 S.W. 344
• 1888 Tex. LEXIS 1156

Syllabus

<p>Graveyard—Nuisance—Injunction—Parties.—Jung owned and resided upon a tract of land; with him lived one son; another with his family lived in a house upon the tract. Adjoining the Jung homestead lies a tract of land owned by the Roman Catholic church, the legal title being in Neraz, the bishop. Jung and his two sons joined as plaintiffs, sought to enjoin Neraz from establishing a cemetery upon the land, complaining that the burial of the dead in that place would poison the wells upon the land of complainants, would pollute the atmosphere and otherwise injure their homestead as a residence. Held:</p> <p>(1) The bishop was the proper party defendant.</p> <p>(3) That the sons of the owner in fee, residing upon their father’s homestead, were properly joined as plaintiffs; and,</p> <p>(3) That the allegations as to the threatened and permanent injury, etc., were grounds for equitable relief by injunction.</p>