Gilman v. Gilman
Massachusetts Supreme Judicial Court
Petition, filed August 10, 1896, under St. 1893, c. 340, entitled “ An Act relative to quieting title to real estate,” to remove a cloud upon the title to certain land in Chelsea. Hearing before Morton, J., who ruled that the petitioner had not shown such a possibility of an adverse claim as to entitle him to a decree, dismissed the petition, and, at the request of the petitioner, reported the case for the consideration of the full court. The facts appear in the opinion.
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Petition, filed August 10, 1896, under St. 1893, c. 340, entitled “ An Act relative to quieting title to real estate,” to remove a cloud upon the title to certain land in Chelsea. Hearing before Morton, J., who ruled that the petitioner had not shown such a possibility of an adverse claim as to entitle him to a decree, dismissed the petition, and, at the request of the petitioner, reported the case for the consideration of the full court. The facts appear in the opinion. The ease was argued at the bar in March, 1898, and after-wards was submitted on briefs to all the justices.
1Opinion of the CourtAllen, J.
The petitioner was a purchaser of the land in question at a sale on execution against the former owner, and received a sheriff’s deed. The time for redemption has expired. No defect in the proceedings relating to the sale or in the sheriff’s deed is shown. No conveyance or assertion of claim to the land has been made by the former owner. But the petitioner brings this petition to quiet his title, under St. 1893, c. 340, averring that the former owner disappeared from this Commonwealth prior to September 8, 1892; that his residence is unknown to the petitioner, who has reason to believe that…
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