Debie, that's what I thought. I know over in DeKalb County several years ago some guy was trying to block access to a family cemetery and the family sued him and he was forced to provide access. What I am wondering is where my great-grandfather James Lawson Steele (1879 - July 1919) is most likely buried. He died in the old Central State Hospital over by the airport in Nashville. I know there's a cemetery for colored folk who died at that facility and another for white folk who died there. I assume he is buried on the grounds, as he died there 23 July 1919. Sure do wish there were records of who was buried over there. If I can ever locate his grave, I'll have a monument put up for him. Will --- On Wed, 10/26/11, Debie Cox <debiec@gmail.com> wrote: From: Debie Cox <debiec@gmail.com> Subject: [TNDAVIDS] Tennessee Law regarding cemeteries. To: TNDAVIDS@rootsweb.com Date: Wednesday, October 26, 2011, 2:00 PM This web page details Tennessee law regarding cemeteries. http://www.tngenweb.org/law/cemetery-law.html The legalities of access to cemeteries was decided by a Tennessee Supreme Court Decision. Case Laws (Tennessee Supreme Court Decisions) Walter Hines v. State 149 SW 1058-1060 (1911) Case argued and determined in the Supreme Court of Tennessee for the Middle Division. Nashville, December Term, 1911. Cemeteries. Land devoted and used as a burial ground is held in trust for that purpose by the owner and his successors in title. Where the owner of land definitely appropriated and devoted a small part thereof as a private family burial ground, and it has been used as such, the land cannot be conveyed or devised so as to interfere with such use, because such owner, his grantees, devisees, and heirs hold the title in trust for the benefit of those entitled to a right or easement of burial in it, who also have the right to visit the cemetery for the purpose of repairing, beautifying, and protecting the graves and grounds, and, for these purposes, they have a right of ingress and egress from the nearest public road, to be exercised at reasonable times and in a reasonable manner. Cemeteries. Land... Descendants of landowner devoting land to family burial ground are entitled to burial therein. Where the owner of the land definitely appropriated and devoted a small part thereof as a private family burial ground, and it has been used as such, the right of burial extends to all the descendants of the owner, and they may exercise it when the necessity arises. Cemeteries. Land... Descendants... Purchaser takes land subject to burial rights in a lot devoted to private family burial ground, though there be no express reservation. Where a small part of a tract of land has been devoted to a private family burial use by the owner, those thereafter purchasing the land take it subject to the aforesaid burial rights, without any express reservation in the deed or will under which they take; for such reservation is implied, and purchasers are charged with notice of the fact that the particular lot has been dedicated to burial purposes, and of the rights of descendants and relatives of those there buried. Burial lots, whether public or private, are not the subject of trade and commerce, and it is always presumed that they are not included in the sale of land which surrounds them. Cemeteries. Land... Descendants... Purchaser... Burial ground rights are not barred by statutes of limitations so long as graves are marked by monuments, gravestones, or otherwise. The right to use a private burial ground as such is not barred by the statute of limitations, so long as it is kept inclosed ; or, if uninclosed, so long as the monuments and gravestones marking the graves are there, or other attention is given to the graves, so as to show and perpetuate the sacred object and purpose to which the land has been devoted; for possession by the living is not required, in such case, to prevent the acquirement of title by the adverse possession of the owner of the fee, so long as the dead are there buried, their graves are marked, and any acts are done tending to preserve their memory and mark their last resting place. Cemeteries. Desecration of private burial ground and graves therein, and wrongful obstruction of way thereto, are misdemeanors. The desecration of a private burial ground, and graves therein, and the wrongful obstruction of the easement of a right of way from the public road thereto, as against those entitled to use it, are misdemeanors, subject to punishment under the statutes applicable to offenses of that character. It is the responsibility of law enforcement personnel with jurisdiction over the location of the cemetery to enforce these laws. If you are aware of any violations, you should immediately contact local law enforcement authorities for action. If law enforcement personnel do not handle the situation to your satisfaction, you should contact the state's chief archaeologist in care of the Department of Environmental Conservation in Nashville. For an interpretation of any Tennessee legal matters, and to receive the most up-to-date laws, please contact an attorney licensed to practice in this state. ------------------------------- To unsubscribe from the list, please send an email to TNDAVIDS-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message

Wolfman, I was able to locate a death certificate online for your James Steele at FamilySearch.org - It says he was buried there at the hospital grounds. It seems outrageous to me that they wouldn't have burial records of who was buried where, unless they were lost in a fire, or something. The undertaker was J.T, Harrison. May be able to find something from them... Good luck, Ken Dunlap ----- Original Message ----- From: "Wolfman Jack" <tennessee_wolfman1978@yahoo.com> To: <tndavids@rootsweb.com> Sent: Thursday, October 27, 2011 9:21 AM Subject: Re: [TNDAVIDS] Tennessee Law regarding cemeteries. > Debie, that's what I thought. I know over in DeKalb County several years > ago some guy was trying to block access to a family cemetery and the > family sued him and he was forced to provide access. What I am wondering > is where my great-grandfather James Lawson Steele (1879 - July 1919) is > most likely buried. He died in the old Central State Hospital over by the > airport in Nashville. I know there's a cemetery for colored folk who died > at that facility and another for white folk who died there. I assume he is > buried on the grounds, as he died there 23 July 1919. Sure do wish there > were records of who was buried over there. If I can ever locate his grave, > I'll have a monument put up for him. > > Will > > --- On Wed, 10/26/11, Debie Cox <debiec@gmail.com> wrote: > > From: Debie Cox <debiec@gmail.com> > Subject: [TNDAVIDS] Tennessee Law regarding cemeteries. > To: TNDAVIDS@rootsweb.com > Date: Wednesday, October 26, 2011, 2:00 PM > > This web page details Tennessee law regarding cemeteries.

Cool! Thanks! Debi had sent me a link but for some reason Ancestry wouldn't let me open it. --- On Thu, 10/27/11, Ken Dunlap <kdunlap59@comcast.net> wrote: From: Ken Dunlap <kdunlap59@comcast.net> Subject: Re: [TNDAVIDS] Tennessee Law regarding cemeteries. To: tndavids@rootsweb.com Date: Thursday, October 27, 2011, 10:36 AM Wolfman, I was able to locate a death certificate online for your James Steele at FamilySearch.org - It says he was buried there at the hospital grounds. It seems outrageous to me that they wouldn't have burial records of who was buried where, unless they were lost in a fire, or something. The undertaker was J.T, Harrison. May be able to find something from them... Good  luck, Ken Dunlap ----- Original Message ----- From: "Wolfman Jack" <tennessee_wolfman1978@yahoo.com> To: <tndavids@rootsweb.com> Sent: Thursday, October 27, 2011 9:21 AM Subject: Re: [TNDAVIDS] Tennessee Law regarding cemeteries. > Debie, that's what I thought. I know over in DeKalb County several years > ago some guy was trying to block access to a family cemetery and the > family sued him and he was forced to provide access. What I am wondering > is where my great-grandfather James Lawson Steele (1879 - July 1919) is > most likely buried. He died in the old Central State Hospital over by the > airport in Nashville. I know there's a cemetery for colored folk who died > at that facility and another for white folk who died there. I assume he is > buried on the grounds, as he died there 23 July 1919. Sure do wish there > were records of who was buried over there. If I can ever locate his grave, > I'll have a monument put up for him. > > Will > > --- On Wed, 10/26/11, Debie Cox <debiec@gmail.com> wrote: > > From: Debie Cox <debiec@gmail.com> > Subject: [TNDAVIDS] Tennessee Law regarding cemeteries. > To: TNDAVIDS@rootsweb.com > Date: Wednesday, October 26, 2011, 2:00 PM > > This web page details Tennessee law regarding cemeteries. ------------------------------- To unsubscribe from the list, please send an email to TNDAVIDS-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message

Don't know if you saw this or not. http://davidsoncocemeterysurvey.com/Cemeteries/M/old_central_state_hospital_ cemetery.htm Notice the comment at the bottom about the interments being made available by Mental Health officials. Might want to contact them and see if you could get his information released (death certificates do not usually tell where in a cemetery a person is buried, but cemetery records usually do.) -----Original Message----- From: tndavids-bounces@rootsweb.com [mailto:tndavids-bounces@rootsweb.com] On Behalf Of Wolfman Jack Sent: Thursday, October 27, 2011 8:21 AM To: tndavids@rootsweb.com Subject: Re: [TNDAVIDS] Tennessee Law regarding cemeteries. Debie, that's what I thought. I know over in DeKalb County several years ago some guy was trying to block access to a family cemetery and the family sued him and he was forced to provide access. What I am wondering is where my great-grandfather James Lawson Steele (1879 - July 1919) is most likely buried. He died in the old Central State Hospital over by the airport in Nashville. I know there's a cemetery for colored folk who died at that facility and another for white folk who died there. I assume he is buried on the grounds, as he died there 23 July 1919. Sure do wish there were records of who was buried over there. If I can ever locate his grave, I'll have a monument put up for him. Will --- On Wed, 10/26/11, Debie Cox <debiec@gmail.com> wrote: From: Debie Cox <debiec@gmail.com> Subject: [TNDAVIDS] Tennessee Law regarding cemeteries. To: TNDAVIDS@rootsweb.com Date: Wednesday, October 26, 2011, 2:00 PM This web page details Tennessee law regarding cemeteries. http://www.tngenweb.org/law/cemetery-law.html The legalities of access to cemeteries was decided by a Tennessee Supreme Court Decision.