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b) Lots Seven (7) and Eight (8), Block
Nineteen (19) are shown to be vested as
follows: Trustees of the Emerson Baptist
Church, per Quit Claim Deed dated August 1,
1889 and filed of record January 22, 1903 in
Book 159, Page 397, Marion County Records.
2. The Emerson Cemetery Association land has the
following legal description, per the Marion County
Assessor's Office:
All of Block Seven (7) and the West
Half of Jefferson Street East of
said Block Seven (7), and All of
Lots One (1), Two (2), Three (3),
Four (4), Five (5) and Six (6),
Block Ten (10), all in Emerson,
Marion County, Missouri.
a) After examining the records of the
Recorder of Deeds office, we find no
conveyance deed filed of record transferring
the property known as all of Block Seven (7)
to the cemetery or the Cemetery Association,
yet the Assessor's Office records and maps
show this property to be part of the Emerson
Cemetery Association lands.
b) The lots in Block Ten (10) are shown to
be vested as follows: Emerson Cemetery
Association, a Corporation, per General
Warranty Deed dated March 2, 1961 and filed
of record December 18, 1961 in Book 497, Page
401, Marion County Records.
The abstract establishes that the parcels of real property
owned by the Emerson Baptist Church are separate and distinct
from the parcels of real property owned by the association.
There is no common ownership of real property between the Emerson
Baptist Church and the association.
Other objective facts imply an inclusive community cemetery,
rather than one owned and operated exclusively by or on behalf of
the Emerson Baptist Church. The association held its annual
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Last modified: May 25, 2011