State Street Bank & Trust Co. v. Beale

227 N.E.2d 924 (1967)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P owned a 25-acre parcel of woodland. D knowing of their ownership petitioned the Land Court for a decree or registration and fraudulently represented that he did not know of any other persons having an estate or interest in the locus. The only notice was by newspaper publication of which P had no knowledge of. The title examiner reported that D did not have record title proper for registration. D thereupon filed two false affidavits in support of a claim that he had acquired title by adverse possession. In reliance, upon these affidavits, the Land Court entered a decree registering title in D's name. D knew that the affidavits when filed were false and intended to deceive the court. P filed a bill in equity to create a constructive trust for them in the land. D demurred, and the trial court dismissed the bill. P appealed.