MacNeil Bros. v. State Realty Company of Boston, Inc.

Interlocutory decree sustaining demurrer affirmed. Final decree affirmed with costs of the appeal. This bill in equity asks the Superior Court to remove a cloud on a title allegedly resulting from a mortgage “that may possibly be now held by the defendant” and from the defendant’s possession under it, and to enter a declaratory decree determining the effect of the mortgage on the property. The defendant’s demurrer was rightly sustained. A bill will lie to remove a cloud on a title only if legal title and actual possession are united in the plaintiff. First Baptist Church of Sharon v. Harper,…