Charles T. Mitchell, Respondents v. Mary A. W. Thorne, Appellant

Summary

The Court affirmed the lower court's judgment, holding that the demurrer was improper because the complaint sufficiently stated a cause of action and because a defect of parties must be specifically identified on the face of the complaint. The plaintiffs, as heirs of the grantors who reserved an interment easement, have standing to seek an injunction to protect the burial ground, and any one of the co‑owners may enforce the common rights without all heirs being parties.