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HAROLD W. MERRILL AMER. LEG. v. HEIRS-AT-LAW, ETC.

No. 75-36-Appeal.

360 A.2d 110 (1976)

HAROLD W. MERRILL POST NO. 16 AMERICAN LEGION v. HEIRS-AT-LAW, NEXT-OF-KIN AND DEVISEES OF Orlando SMITH, et al.

Supreme Court of Rhode Island.

July 13, 1976.

Attorney(s) appearing for the Case

Victor J. Orsinger, II, Westerly, for plaintiff.

John R. Payne, Jr., Thornton, Thornton & Naccarato, Inc., Westerly, for defendants.

OPINION

JOSLIN, Justice.

In this civil action the plaintiff seeks to utilize the statute on quieting title [G.L. 1956 (1969 Reenactment) chapter 16 of title 34]1 for the purpose of relieving real estate owned by it from a covenant or restriction limiting its use to the maintenance thereon of "* * * a district school-house & its appertenances (sic) & for no other use or purpose whatever." That language first appeared in...

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