Orthodox Congregational Society v. Inhabitants of Greenwich
Massachusetts Supreme Judicial Court
Petition, dated October 17, 1885, under tlie Pub. Sts. c. 176, to compel the respondent to bring an action to try its alleged title to a parcel of land in Greenwich. Hearing before Holmes, J., who reserved the case for the consideration of the full court. The facts appear in the opinion.
1Opinion of the CourtMorton, C. J.
Under the Pub. Sts. e. 176, “ any person in possession of real property, claiming an estate of freehold therein *113or an unexpired term of not less than ten years, may file a petition in the Supreme Judicial Court ” against any person making an adverse claim, praying that such person may be summoned to show cause why he should not bring an action to try his alleged title.
The object of the proceeding is not to try the title to the real property; the court cannot make any decree, unless the respondent makes default, which will operate as a conclusive adjudication of the title of either party. If…
2Cases cited3 opinions
- Tompkins v. WymanMassachusetts Supreme Judicial Court · 1875
- Leary v. DuffMassachusetts Supreme Judicial Court · 1884
- Proprietors of India Wharf v. Central Wharf & Wet Dock Corp.Massachusetts Supreme Judicial Court · 1875
3Cited by6 opinions
- Bevilacqua v. RodriguezMassachusetts Supreme Judicial Court · 2011
- Whiteside v. Merchants National Bank of BostonMassachusetts Supreme Judicial Court · 1933
- Marshall v. WalkerSupreme Judicial Court of Maine · 1900
- Weld v. ClarkeMassachusetts Supreme Judicial Court · 1911
- May v. New England RailroadMassachusetts Supreme Judicial Court · 1898
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