Narrative Opinion Summary
In a legal dispute over the registration of land titles, Delmont Corporation, Concord Corporation, and Angus M. MacNeil appealed a Land Court decision that granted State Realty Company of Boston, Inc. the registration of title for three parcels of land in Somerville. The appeal encompassed various exceptions to the trial court's rulings. The court ruled that the rights of MacNeil Bros. Company and its successors to redeem the parcels from a 1954 mortgage were extinguished due to several procedural failures, including not appealing a pivotal Superior Court decree in 1958 and the subsequent denial of a late intervention in the related case. Additionally, the Supreme Judicial Court dismissed an appeal concerning a petition for a bill of review. The Land Court's decision was supported by the determination that redemption had not occurred, and specific orders in a related case further barred claims from the appellants. Consequently, the Land Court's order for title registration in favor of State Realty was affirmed, and all exceptions from the appellants were overruled, finalizing the registration free of any claims by Delmont, Concord, and MacNeil.
Legal Issues Addressed
Confirmation of Non-redemptionsubscribe to see similar legal issues
Application: The Land Court's decision confirmed the non-occurrence of redemption, supporting the registration of title in favor of State Realty Company.
Reasoning: The decision in State Realty Co. of Boston, Inc. v. MacNeil Bros. Co., which confirmed that redemption had not occurred.
Dismissal of Appealssubscribe to see similar legal issues
Application: The Supreme Judicial Court dismissed the appeal regarding a petition for a bill of review, further affirming the extinguishment of redemption rights.
Reasoning: The dismissal by the Supreme Judicial Court on November 10, 1967, of MacNeil Bros.' appeal regarding a petition for a bill of review in case number 18671.
Extinguishment of Redemption Rightssubscribe to see similar legal issues
Application: The court found that the rights to seek redemption of parcels were extinguished due to the failure to appeal a prior final decree and subsequent rulings denying intervention and reviewing petitions.
Reasoning: The court determined that the rights of MacNeil Bros. Company and its successors (Delmont, Concord, and MacNeil) to seek redemption of the parcels from State’s 1954 mortgage were extinguished due to several factors.
Finality of Judicial Decreessubscribe to see similar legal issues
Application: The failure to appeal the Superior Court's final decree from February 27, 1958, was a critical factor in the extinguishment of redemption rights.
Reasoning: Failure to appeal the Superior Court's final decree from February 27, 1958, in case number 18671.
Late Intervention in Judicial Proceedingssubscribe to see similar legal issues
Application: The court upheld State's exceptions which denied the late intervention by the appellants, thus impacting their ability to redeem the parcels.
Reasoning: The upholding of State's exceptions in MacNeil Bros. Co. v. State Realty Co. of Boston, Inc., which denied Delmont, Concord, and MacNeil's late intervention in case number 18671.