Application of Laurel Hill Cem. Assn.

—This is an application for leave to sell real property. The application was made by Laurel Hill Cemetery Association. In the lower court George Clark Sargent and others appeared as contestants. A hearing of the application was had and thereafter the trial court made an order granting the leave. From that order the contestants have appealed, and have brought up the judgment-roll and a bill of exceptions.

In this court the appellants contend that the petitioner has not been given the power and, in view of the contractual rights that have been established, the petitioner may not legally be granted power to sell any of the lands of the corporation. On the other hand, the respondent concedes that lands which have been mapped and platted, or lands in which interments have been made, may not legally be - sold; but, in this behalf, the respondent shows to the court that the lands for which the respondent asks leave to sell are only a portion of the holdings of the respondent and that such lands are not and never have been mapped or platted and that at the present time, by reason of certain ordinances heretofore enacted by the board of supervisors, the lands in question may not hereafter…