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The intent of the land registration act, 1898 Mass. Acts 562, § 1 et seq., is to bind the land, and to make the proceedings adverse to all the world, even if it were not stated in 1898 Mass. Acts 562, § 35, or if the amendment, 1899 Mass. Acts 131, § 1 did not expressly provide that they should be proceedings in rem. Notice is to be posted on the land. Any person claiming an interest may appear and be heard. 1898 Mass. Acts 562, § 34.
Petitioner William B. Tyler brought a writ of prohibition to prevent respondents, The Judges of the Court of Resignation, from proceeding upon a land registration application concerning land upon which petitioner claimed an interest, alleging that the land registration act (act), 1898 Mass. Acts 562, § 1 et seq., unconstitutionally violated due process under U.S. Const. amend. XIV and Mass. Const. art. XII.
Did the land registration act (act), 1898 Mass. Acts 562, § 1 et seq, unconstitutionally violate due process under U.S. Const. amend. XIV and Mass. Const. art. XII, thereby warranting the grant of petitioner’s writ of prohibition?
The court denied petitioner's writ, holding the statute constitutional because it provided for sufficient notice to known claimants within the state, such as petitioner, and because notice sent through the postal system as opposed to personal messenger was effective process. The court also held that the act intended registration to bind the land and make any proceedings against the land adverse to the world; accordingly, the act provided that the court order notice to any interested party and that no interest in land would be lost without the adverse party first having an opportunity to be heard.