Foss v. Atkins

In the last decision of this case, reported in 204 Mass. 337, it was held that the final decree which the Land Court had attempted to enter upon its finding of fact was beyond the power of that court and was void, and that the petitioner had still the right to withdraw his petition upon terms to be fixed under R. L. c. 128, § 36, but that it was for the Land Court to determine whether he could have his petition dismissed as to that part of the land to which it had been found that he had no title. See now St. 1910, c. 245. Thereupon the Land Court passed its order of January 20, 1910.* This…