First Congregational Soc. in East Longmeadow v. Metcalf

• Decision Date: 27 November 1906
• Citation: 193 Mass. 288,79 N.E. 343
• Parties: FIRST CONGREGATIONAL SOC. IN EAST LONGMEADOW v. METCALF.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

193 Mass. 288

79 N.E. 343

FIRST CONGREGATIONAL SOC. IN EAST LONGMEADOW

v.METCALF.

Supreme Judicial Court of Massachusetts, Hampden.

Nov. 27, 1906.

Appeal from Superior Court, Hampden County.

Suit by the First Congregational Society in East Longmeadow against one Metcalf. Decree for plaintiff. Defendant appeals. Affirmed.

Chas. S. Ballard, for appellant.

John L. Rice, for appellee.

KNOWLTON, C. J.

This is a bill in equity brought to remove a cloud from a title. No objection has been made to its form or its averments, and the only question argued before us is whether St. 1904, p. 448, c. 448, § 1, transferring the jurisdiction of the superior court over real actions to the land court, includes such bills in equity.

Dealing with this question only, we are of opinion that the jurisdiction was not transferred, and that the decree for the plaintiff should be affirmed. This section includes proceedings of only four classes: First, writs of entry under Rev. Laws, c. 179; second, petitions to require actions to try title to real estate under Rev. Laws, c. 182, §§ 1 to 5; third, petitions to determine the validity of incumbrances under Rev. Laws, c. 182, §§ 11 to 14; and fourth, petitions to discharge mortgages under Rev. Laws, c. 182, § 15. The proceedings over which jurisdiction is transferred are those which are commenced under these statutes and no others. Suits in equity to quiet or establish the title to land, or to remove a cloud from the title, are not included in these chapters and sections, but are mentioned in Rev. Laws, c. 182, §§ 6 to 10. They therefore remain within the general equity jurisdiction of the superior court and the Supreme Judicial Court.

Decree affirmed.