Tyler v. Judges of the Court of Registration
Decision Date | 17 December 1900 |
Docket Number | No. 213,213 |
Citation | 179 U.S. 405,45 L.Ed. 252,21 S.Ct. 206 |
Parties | WILLIAM B. TYLER, Plff. in Err. , v. |
Court | U.S. Supreme Court |
This was a petition by Tyler to the supreme judicial court of Massachusetts for a writ of prohibition to be directed to the judges of the court of registration to prohibit them from further proceeding under what is known as the Torrens act in the registration of a certain parcel of land described in the application, or in the determination of the boundary between such parcel of land and land of petitioner.
The petition alleged, in substance, that David E. Gould and George H. Jones, on December 22, 1898, applied to the court of land registration to have certain land in the county of Middlesex brought under the operation and provisions of the land registration act, and to have their title thereto registered and confirmed. The land referred to was shown on a plan filed with the application. The petitioner, who was the owner of an estate in fee simple in a parcel of land adjoining part of the land described in the application, insisted that the boundary line between his land and the part aforesaid was not correctly shown on the plan filed with the application, but encroached upon and included part of his land. The petition prayed for a writ of prohibition, and alleged that the land registration act under which the proceedings were taken violated the provisions of the Constitution of the United States, first, in making a decree of confirmation conclusive upon persons having an interest in the land, though they may have had no notice of the proceedings for registration, and therefore would have the effect of depriving such persons of their property without due process of law, and otherwise than by the law of the land; second, that the act was also invalid in giving judicial powers to the recorder and assistant recorders therein mentioned, who were not judicial officers under the Constitution of the commonwealth, and also gave them power to deprive persons of their property without due process of law; third, that the operation of the act in other respects depended for the effect thereby intended upon the conclusiveness of the original decree of registration, and the exercise of nonjudicial powers by the recorder, etc.
Upon the petition and answer, which simply averred compliance with the terms of the act, together with the rules of the land court, etc., the case was reserved for a full bench upon the only question raised at the hearing, namely, the constitutionality of the act. The court decided the act to be constitutional, and dismissed the petition. 175 Mass. 71, 55 N. E. 812. Hence this writ of error.
[Mr. J. L. Thorndike for plaintiff in error.
Messrs. Hosea M. Knowlton and Franklin T. Hammond for defendant in error.
The prime object of all litigation is to establish a right asserted by the plaintiff or to sustain a defense set up by the party pursued. Save in a few instances where, by statute or the settled practice of the courts, the plaintiff is permitted to sue for the benefit of another, he is bound to show an interest in the suit personal to himself, and even in a proceeding which he prosecutes for the benefit of the public, as, for example, in cases of nuisance, he must generally aver an injury peculiar to himself, as distinguished from the great body of his fellow citizens.
The very first general rule laid down by Chitty, Pl. p. 1, is that 'the action should be brought in the name of the party whose legal right has been affected, against the party who committed or caused the injury, or by or against his personal representative.' An action on contract (p. 2) 'must be brought in the name of the party in whom the legal interest in such contract was vested;' and an action of tort (p. 68) 'in the name of the person whose legal right has been affected, and who was legally interested in the property at the time the injury thereto was committed.' As stated by another writer: In familiar illustration of this rule, the plaintiff in an action of ejectment must recover upon the strength of his own title, and not upon the weakness of the defendant's who may even show title in a third person to defeat the action.
Actions instituted in this court by writ of error to a state court are no exceptions to this rule. In order that the validity of a state statute may be 'drawn in question' under the 2d clause of § 709, Rev. Stat., it must appear that the plaintiff in error has a right to draw it in question by reason of an interest in the litigation which has suffered, or may suffer, by the decision of the state court in favor of the validity of the statute. This principle has been announced in so many cases in this court that it may not be considered an open question.
In Owings v. Norwood, 5 Cranch, 344, 3 L. ed. 120, an action of ejectment, defendant set up an outstanding title in one Scarth, a British subject, who held a mortgage upon the premises. The decision of the court being adverse to Owings, he sued out a writ of error from this court, contending that Scarth's title was protected by the treaty with Great Britain. It was held that, as the defendant claimed no right under the treaty himself, and that the right of Scarth, if he had any, was not affected by the decision of the case, the court had no jurisdiction. 'If,' the court said,
In Henderson v. Tennessee, 10 How. 311, 13 L. ed. 434, a similar case, namely, an action of ejectment, an outstanding title in a third person, was set up by the defendant, and alleged to have been derived under a treaty. The court held that an outstanding title in a third person might be set up, and that the title set up in this case was claimed under a treaty, 'but,' said the court, who claimed under the treaty, 'appear to have no interest in this suit, nor can their rights be affected by the decision.' Like rulings were made under a similar state of facts in Montgomery v. Hernandez, 12 Wheat. 129, 6 L. ed. 575; Hale v. Gaines, 22 How. 144, 16 L. ed. 264; Verden v. Coleman, 1 Black, 472, 17 L. ed. 161, and Long v. Converse, 91 U. S. 105, 23 L. ed. 233.
In Giles v. Little, 134 U. S. 645, 33 L. ed. 1062, 10 Sup. Ct. Rep. 623, the prior authorities are cited, and the law treated as well settled that 'in order to give this court jurisdiction to review a judgment of a state court against a title or right set up or claimed under a statute of, or an authority exercised under, the United States, that title or right must be one of the plaintiff in error, and not of a third person only.' See also Ludeling v. Chaffe, 143 U. S. 301, 36 L. ed. 313, 12 Sup. Ct. Rep. 439.
It is true that under the 3d clause of § 709, where a title, right, privilege, or immunity is claimed under Federal law, such title, etc., must be 'specially set up or claimed,' and that no such provision is made as to cases within the 2d clause, involving the constitutionality of state statutes or authorities, but it is none the less true that the authority of such statute must 'be drawn in question' by someone who has been affected by the decision of a state court in favor of its validity, and that in this particular the three clauses of the section are practically identical.
As we had occasion to observe in California v. San Pablo & T. R. Co. 149 U. S. 308, 314, 37 L. ed. 747, 749, 13 Sup. Ct. Rep. 876, See also Lord v. Veazie, 8 How. 251, 12 L. ed. 1067; Cleveland v. Chamberlain, 1 Black, 419, 17 L. ed. 93; Kimball v. Kimball, 174 U. S. 158, 43 L. ed. 932, 19 Sup. Ct. Rep. 639.
In the case under consideration the plaintiff in error is the owner of a lot adjoining the one which is sought to be registered, and the only question in dispute between them relates to the location of the boundary line. In his petition he does not set forth that he made himself a party to the proceedings before the court of registration, and his name does not even appear in the list of those who are required to be notified, or elsewhere in the proceedings before the court.
In the assignment of error he complains only of the unconstitutionality of the statute, in that it deprives persons of property without due process of law. In his brief his first objection to the validity of the act is that the registration, which deprives all persons, except the registered owner of interest in the land, is obtained as...
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