Gurney v. Waldron
Massachusetts Supreme Judicial Court
Petition, filed April 2, 1883, under the Pub. Sts. c. 176, against Mary Waldron, Ann McLaughlin, Bridget Wright, John Taffe, Margaret Taffe, an insane person under guardianship, and Oscar T. Lucas, to compel the respondents to bring an actian to try their alleged title to a parcel of land in Newton. Lucas was defaulted. John Taffe filed a disclaimer, and the other respondents severally filed answers, Margaret Taffe by her guardian.
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Petition, filed April 2, 1883, under the Pub. Sts. c. 176, against Mary Waldron, Ann McLaughlin, Bridget Wright, John Taffe, Margaret Taffe, an insane person under guardianship, and Oscar T. Lucas, to compel the respondents to bring an actian to try their alleged title to a parcel of land in Newton. Lucas was defaulted. John Taffe filed a disclaimer, and the other respondents severally filed answers, Margaret Taffe by her guardian. Hearing before W. Allen, J., who reported the case for the consideration of the full court, in substance as follows: The petitioners put in evidence a mortgage in…
1Opinion of the CourtHolmes, J.
The Pub. Sts. c. 176, expressly contemplate the case of more than one person making a claim adverse to the petitioner, and allow the claimants to be joined as respondents in a petition to settle the title. As joint titles are rare, and as by the Pub. Sts. c. 173, § 7, tenants in common can join in a real action, the reasonable interpretation of the general language of c. 176 is, that persons setting up a claim in the same right as tenants in common may properly be joined as respondents in a petition to compel them to sue, notwithstanding the fact that their alleged titles are several.
Again, a…
2Cited by3 opinions
- Slater v. Inhabitants of ManchesterMassachusetts Supreme Judicial Court · 1894
- Crocker v. CottingMassachusetts Supreme Judicial Court · 1899
- Ginn v. UlmerSupreme Judicial Court of Maine · 1909