FROST, Justice.
This is a bill in equity for the partition of certain real estate located in the city of Warwick. After the bill was filed, the respondent did not demur, plead or answer but filed a motion to dismiss alleging therein new matter not appearing in the bill. After a hearing on such motion the trial justice entered a decree denying and dismissing the bill without prejudice. The case is here on the complainant's appeal from that decree.
The parties...
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