Legal Opinion · Dissent

Tyler v. Judges of Court of Registration

Massachusetts Supreme Judicial Court

Decided January 3, 1900Published

Petition, for a writ of prohibition against the judges of the Court of Registration established by St. 1898, c. 562, entitled “An Act to provide for registering and confirming titles to land,” to prohibit them from proceeding further in registering the title to a certain parcel of land and determining the boundaries between it and an adjoining parcel of land belonging to the petitioner.

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Petition, for a writ of prohibition against the judges of the Court of Registration established by St. 1898, c. 562, entitled “An Act to provide for registering and confirming titles to land,” to prohibit them from proceeding further in registering the title to a certain parcel of land and determining the boundaries between it and an adjoining parcel of land belonging to the petitioner. At the hearing before Hammond, J., the only question raised was whether the statute was constitutional, the petitioner contending that the original registration deprives all persons except the registered owner…

1DissentLoring, J.

I dissent from the opinion of the majority of the court, and think it proper to state the reasons which have brought me to the opposite conclusion.

It will be necessary to add to the statement of the general scope of the act, which is given in the opinion, by setting forth with some particularity those provisions, which, in the opinion of the majority of the court, sufficiently secure to those having adverse interests, that opportunity to be heard in defence of their rights of property, which is guaranteed to them by the constitutional provisions, that they shall not be deprived of their…

2Cases cited33 opinions

  1. Arndt v. GriggsSupreme Court of the United States · 1890
  2. Freeman v. AldersonSupreme Court of the United States · 1886
  3. The Hine v. TrevorSupreme Court of the United States · 1867
  4. Huling v. Kaw Valley Railway & Improvement Co.Supreme Court of the United States · 1889
  5. Hamilton v. BrownSupreme Court of the United States · 1896

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