TYLER V. JUDGE OF THE COURT OF REGISTRATION, 175 Mass. 71, writ of error dismissed, 179 U.S. 405 (1900) CASE BRIEF

TYLER V. JUDGE OF THE COURT OF REGISTRATION

175 Mass. 71, writ of error dismissed, 179 U.S. 405 (1900)

NATURE OF THE CASE: This was a dispute over a land registration process to clear title against the world and a writ of prohibition against quiet title to the property.

FACTS: Tyler (P) claimed an interest in land. Another party filed an application to the Court of Registration (D) to register the same land. P sought a writ to prohibit D from adjudicating the application. P protested a statute that called for registration of land into an organized recording system in that the method of notice devised for the scheme was unconstitutional in that those with unknown claims would lose their rights in the land without ever having notice of those rights or the action and decrees taken by the courts under this process. P claimed that the statute provided insufficient notice to all persons having adverse claims. The notice to unknown claimants was to be by a decree published in local papers. Notice to all adjoining landowners and all persons known to have an adverse interest in the land was by mail.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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