Merrill Post No. 16 American Legion v. Heirs of Smith

In this civil action the plaintiff seeks to utilize the statute on quieting title [G. L. 1956 (1969 Re enactment) 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 an 1867 deed from the defendants’ ancestors to the plaintiff’s predecessor in title, and, though not repeated verbatim in the 1946 deed to the plaintiff, is referred to and incorporated therein by…