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Tyler v. Judges of the Court of Registration

Supreme Court of Massachusetts

175 Mass. 71 (1900)

Relevant factsFree

A local statute allowed land title registration proceedings that would bind all persons — named or unknown — to the registered owner's title, requiring the registration applicant to disclose known competing interests and requiring notice to known adverse claimants, adjoining owners, and occupants, plus newspaper publication and conspicuous posting on the land itself, but not personal service on unknown claimants; Tyler (plaintiff), claiming an interest in land subject to such a registration proceeding, sought a writ of prohibition arguing the registration scheme unconstitutionally deprived non-applicant claimants of due process without personal notice.

IssueFree

Whether a statute that does not require actual notice by personal service in a proceeding against land violates the Constitution.

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