Lynch v. Johnson

The opinion of the Court rests upon the single position that the plaintiff is “claiming under an unrecorded deed,” and as I do not think this statement finds any support in the record, I cannot agree to the judgment.

Neither the plaintiff nor the defendant alleges in the pleadings that the plaintiff ever had a deed for any part of the land, registered or unregistered, nor is there any finding by judge or jury to that effect, and, on the contrary, the plaintiff alleges and seeks to enforce a parol trust, and this was the question tried in the Superior Court.

The only part of the record which…