Tallwood Land & Development Company v. Botka

On appeal by the plaintiff.

This is an action brought to determine the title to certain real estate in Winthrop known as “Sherb’s Island.” The plaintiff, claiming title to this property, alleged that it had been disseized by the eighteen persons who were joined as parties defendant in this action. It is apparent from reading the complaint that the plaintiff bottoms its claim of title on a source which fundamentally would defeat the title of all eighteen defendants. Otherwise stated, the plaintiff’s claim of title is not severable as to the various defendants.

Since we do not reach the merits of…