HENRYVILLE, Ind. (WDRB) -- A Kentuckiana widow thought her husband was in his final resting place, but she is now being asked to up his remains.

This seems to be a case involving two victims. Both have loved ones buried at the Mt. Zion Cemetery in Henryville. The problem: they were sold the same cemetery plot more than 40 years apart.

The Mt Zion Cemetery in Henryville is the final resting place for hundreds of people, include Vietnam veteran Michael Reliford.

"I don't think anybody would be unsympathetic to the idea that my client does not want to re-experience the burial and death of her husband again," says Jeffersonville attorney Larry Wilder, widow's attorney.

"They want him moved and we believe that we purchased the place that he was interred."

Wilder says his client purchased the plots after her husband died in 2011, but according to a lawsuit -- filed in Clark County Circuit court this week -- the plots belong to the family of Vicki Waggoner. The nine-year old girl died in 1965 after an illness. 

We showed Wilder the bill of sale from 1965, noting it should supersede a deed issued later. However, Wilder points out the deed his client was given in 2011.

"That deed is the official recorded deed in Clark County, Indiana -- our deed," he explained. "Hasn't this been recorded? No, because if you look at this, there's no description of what is purchased."

"We'll see," said Dan Moore. "I can pull out a document here and a document there and show you a segment of this and that but it's too early to do that."

Former Clark County Judge Dan Moore is representing the Waggoner family and says they're elderly and devastated.

"This was traumatic for them to bury their child and to learn so many years later that someone else is buried in a piece of land that was planned to be family land is not an easy time for them."

Now that the lawsuit has been filed, the case could either go to trial or mediation. 

A previous version of this story listed Richard Pyke was involved in the sale of the plots to Mt. Zion cemetery. However, Mr. Pyke says he does not recall being involved in the transaction and records of his involvement were not provided. 

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