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HAWTHORNE TRUST v. MAINE SAVINGS BANK

No. 91-378.

136 N.H. 533 (1992)

HAWTHORNE TRUST v. MAINE SAVINGS BANK & a.

Supreme Court of New Hampshire.

December 29, 1992.

Attorney(s) appearing for the Case

McKittrick Law Offices, of North Hampton (J. Joseph McKittrick on the brief and orally), for the plaintiff.

Eldredge, Chubrich & Harrigan, P.A., of Portsmouth (Michael E. Chubrich on the brief and orally), for the defendant Joseph G. Sawtelle, Trustee of Cricklewood on the Bellamy Trust.

Defendant Maine Savings Bank filed no brief.

HORTON, J.

The plaintiff, Hawthorne Trust, brought suit to enjoin a foreclosure sale and to determine the validity and nature of its interests in an easement. Joseph G. Sawtelle, Trustee, (Sawtelle) intervened and brought a motion to dismiss. The plaintiff appeals an order of the Superior Court (Dickson, J.) dismissing its request for a declaration of the validity and extent of its rights in the easement. We reverse and remand.

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