Schair v. Duquet

In their complaint for declaratory judgment in the Land Court to try title to land, the plaintiffs allege that the defendant disputes the plaintiffs’ claim to a fifty percent interest in certain property in Braintree (the property). The defendant’s answer denies the plaintiffs’ claim, and in para*971graph 18 of his answer the defendant goes on to allege that the plaintiffs have “zero” interest in the property.3

Ten days after the plaintiffs filed their action in the Land Court, the defendant filed a petition for partition in the Probate and Family Court in Norfolk County, see G. L. c. 241, § 1,…