Foss v. Atkins

RüGG-, J.

The petitioner duly filed * a petition for registration of the title to a certain tract of land in Provincetown. The judge of the Land Court on February 16, 1906, filed a decision in which he found that the petitioner had title to a part of the *338land, and the respondents to the rest. An appeal from this decision to the Superior Court was dismissed because the issues were not properly framed. 193 Mass. 486. On January 21, 1907, the petitioner filed a motion to dismiss his petition without prejudice, apparently under the first sentence of § 36 of R. L. c. 128. This motion, although set…