Legal Opinion

Lamson v. Coulson

Massachusetts Supreme Judicial Court

Decided January 5, 1920PublishedCited by 10 opinions

Petition, filed in the Land Court on May 14,1918, under R. L. c. 128, § 105, for a speedy hearing as to the validity of a claim registered on May 3, 1918, adverse to a registered title. The adverse claim which the petitioner sought to have declared valid was to a renewal of a lease for fifty years of certain land at Salisbury Beach given by the Commoners of Salisbury to one Enoch Stevens and described in the opinion.

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Petition, filed in the Land Court on May 14,1918, under R. L. c. 128, § 105, for a speedy hearing as to the validity of a claim registered on May 3, 1918, adverse to a registered title. The adverse claim which the petitioner sought to have declared valid was to a renewal of a lease for fifty years of certain land at Salisbury Beach given by the Commoners of Salisbury to one Enoch Stevens and described in the opinion. To comply with the requirement of the statute that he state, in his affidavit setting forth his alleged right or interest, "how or under whom it was acquired,” the petitioner…

1Opinion of the CourtRugg, C. J.

This is a petition brought under R. L. c. 128, § 105, for the registration of an adverse claim against registered land. The claim is that the registered land is subject to a right of renewal of a lease for a term of years, and that request for renewal has been made according to the terms of the lease and that renewal has not been furnished.

The petitioner is seeking the establishment, and not the en*292forqement, of his claim to a right of renewal of the lease. The real question at issue is whether the right to renewal exists. If it does exist and demand for renewal has been made and refused, that…

2Cases cited12 opinions

  1. Cunningham v. PatteeMassachusetts Supreme Judicial Court · 1868
  2. Howell v. BehlerWest Virginia Supreme Court · 1896
  3. Leominster Gas Light Co. v. HilleryMassachusetts Supreme Judicial Court · 1908
  4. Buchanan v. . WhitmanNew York Court of Appeals · 1896
  5. Cunningham v. BrightMassachusetts Supreme Judicial Court · 1917

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3Cited by10 opinions

  1. O'Brien v. O'BrienMassachusetts Supreme Judicial Court · 1921
  2. Saxeney v. PanisMassachusetts Supreme Judicial Court · 1921
  3. St. George's Ebenezer Primitive Methodist Church v. Primitive Methodist Church of AmericaMassachusetts Supreme Judicial Court · 1943
  4. Nelson v. WentworthMassachusetts Supreme Judicial Court · 1923
  5. McDuffie v. NoonanWashington Supreme Court · 1934

5 more not listed; retrieve them via the Exa API.

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