Saturday, December 28, 2013

Tyler v. Judges of the Court of Registration case brief

Tyler v. Judges of the Court of Registration case brief summary
175 Mass. 71 (1900)

CASE SYNOPSIS
A petition for a writ of prohibition was brought before the Supreme Judicial Court of Massachusetts, Suffolk, to prevent respondents from proceeding upon a land registration application involving land in which petitioner claimed an interest.

CASE FACTS
Petitioner brought a writ of prohibition to prevent respondents from proceeding upon a land registration application concerning land upon which petitioner claimed an interest, alleging that the land registration act (act), 1898 Mass. Acts 562, § 1 et seq., unconstitutionally violated due process under U.S. Constitutional Amendment XIV andMass. Constitutional art. XII.

DISCUSSION

  • The court denied petitioner's writ, holding the statute constitutional because it provided for sufficient notice to known claimants within the state, such as petitioner, and because notice sent through the postal system as opposed to personal messenger was effective process. 
  • The court also held that the act intended registration to bind the land and make any proceedings against the land adverse to the world; accordingly the act provided that the court order notice to any interested party and that no interest in land would be lost without the adverse party first having an opportunity to be heard.
CONCLUSION
In denying petitioner's writ of probation, the court held that the land registration act (act) was constitutional. The act did not violate petitioner's due process rights because it provided for sufficient notice of adverse claims to land, including the service of process to known in-state claimants through the postal system.


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