Reichelt v. St. Vincent De Paul Cemetery Ass'n

Citations

• 10 Teiss. 100
• 1913 La. App. LEXIS 13

Syllabus

<p>Syllaibus.</p> <p>1. Act 36 of 1912 (p. 44) making it a crime to “desecrate, injure, deface, mutilate or destroy, any grave, tomb or monument erected to the dead,” is aimed exclusively at misdeeds of vandals and ghouls, and cannot be made to cover the acts of persons proceeding within their lawful and contract rights.</p> <p>2. A so-called “lease” of a cemetery vault for the burial of a dead body, containing a clause that the vault “shall not be used twice” during the contract, presents the elements of a contract of deposit rather than of lease and the legal possession is in the cemetery association and not in the so-called “lessee.1”</p>