Pavlik v. Dmytryck

The defendants’ motion for summary judgment (Mass.R.Civ.P. 56, 365 Mass. 824 [1974]) was allowed and judgment entered dismissing the plaintiff’s complaint brought in the Land Court under G. L. c. 237. Implicit in the allowance of the defendants’ motion was the conclusion of the judge, in which we concur, that the plaintiff resorted to the wrong remedy in seeking to establish his claim to ownership and possession, as a tenant by the entirety, of a parcel of land conveyed to the defendants by the plaintiff’s wife. Her acquisition of full ownership in the land was based upon a judgment of a…