Man seeks appeal for buried wife's gravesite - WSFA.com: News Weather and Sports for Montgomery, AL.

Man seeks appeal for buried wife's gravesite

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James Davis' wife Patsy's gravesite outside their home in Stevenson. James Davis' wife Patsy's gravesite outside their home in Stevenson.
JACKSON COUNTY, AL (WAFF) -

A Jackson County man who lost a state Supreme Court fight over his late wife's burial site is now offering to dig her up. James Davis buried his wife Patsy in the yard of their downtown Stevenson home back in 2009. The city challenged him in court and won.

Davis' offer is conditional, but he put up a $10,000 bond to make his appeal. He said the city has drained him dry financially. So, if they'll give that money back, he will be able to pay to comply with the court order.

Davis planned to pursue his case in federal court by turning his home into a church and seek federal protection under the law. Davis doesn't want people to think he was using God or the Bible to keep his wife buried so he decided not to pursue that course of action.

Davis is now facing a court order to remove his wife's remains, but he doesn't want the city of Stevenson to do it, questioning where they would put her body.

So, if he gets his bond money back, Davis said the issue will resolve itself.

"We've decided if the judge orders again, we're going to take Momma up, cremate her, and put her right back. Next spring if you come through here, the gravesite will look just like it does now," said Davis. "So, it's going to be a little silly for them to go through all that to wind up with what they got anyway."

Stevenson City Attorney Parker Edmiston believes the city plans to recoup some of their lost money in the legal battle by going after that $10,000 bond. It could be decided in a court hearing as early as next week.

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