SWAIM, J.
Plaintiff, a resident taxpayer of Blanchester, Ohio (upon refusal of the Village Solicitor to institute the action), brings this action for injunction against the village to keep it from selling real estate deeded to it by one Martha W. Van Duzen (unmarried), on November 26, 1935 (deed recorded on June 30, 1937). The village claims a fee simple title to the land (Lots 8, 9 and 10 in Highland Addition to said village and 0.90 of an acre in
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