Section 44. If the court finds that the plaintiff has not title proper for registration, a judgment shall be entered dismissing the complaint, and such judgment may be ordered to be without prejudice, in whole or in part, but unless so ordered it shall bind the parties, their privies and the land in respect of any issue of fact which has been tried and determined. The plaintiff may withdraw his complaint at any time before final judgment, upon terms fixed by the court. The court may require a plaintiff who moves to withdraw his complaint or to substitute some other person as plaintiff, to stipulate that he shall be bound by the result of any issue of fact which has been tried and determined, and such stipulation shall bind the parties, their privies and the land itself.
Notes of Decisions
Cited in
4
cases, 1964–2007 · leading case:
Paull v. Kelly, 819 N.E.2d 963 (Mass. App. Ct. 2004).
Paull v. Kelly, 819 N.E.2d 963 (Mass. App. Ct. 2004).
· cites it 4× “Whether that prior failed attempt has preclusive effect is determined by G. L. c. 185, § 44, as amended by St. 1981, c.”
Lombard v. United States, 194 F.3d 305 (1st Cir. 1999).
“Still, plaintiffs say that Mass. Gen. Laws ch. 185, § 44 (1998) requires a different conclusion because the 1976 cleanup order did not say expressly that it was without prejudice.”
Gifford v. Otis, 873 N.E.2d 792 (Mass. App. Ct. 2007).
· cites it 3× “G. L. c. 185, §§ 44, 45. After consideration, if the Land Court judge determines that title — in whole or in part — rests with the petitioner, judgment confirming title shall enter.”
Dugan v. Wellock, 202 N.E.2d 921 (Mass. 1964).
“See G. L. c. 185, § 44. The present petition, filed in 1924, terminated any acquiescence by Dugan (and those claim *779 ing under him) in subsequent attempted acts of dominion.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.