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RIVERWOOD COMMERCIAL PROP'S v. COLE

No. 90-321.

134 N.H. 487 (1991)

RIVERWOOD COMMERCIAL PROPERTIES, INC. v. FARNUM W. COLE & a.

Supreme Court of New Hampshire.

July 26, 1991.

Attorney(s) appearing for the Case

Castaldo, Hanna & Malmberg P.C., of Concord (Steven L. Winer on the brief and orally), for the plaintiff.

Scotch & Zalinsky, of Manchester (Bertrand A. Zalinsky on the brief and orally), for the defendants, Farnum W. Cole, Edward A. Cole, Caroline Phillips and Richard P.I. Cole.

THAYER, J.

The defendants appeal the order of the Superior Court (Mohl, J.) granting the petition of the plaintiff, Riverwood Commercial Properties, Inc. (Riverwood), to quiet title to a sixty-acre parcel of land in Pembroke. For the reasons that follow, we reverse and remand.

The dispute concerns a parcel of land known as the First Marston Lot (Marston Lot). On December 31, 1986, Riverwood petitioned the trial court for a declaration quieting title...

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