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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-11-15
Status Closed
Type Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, 1 (k)
Docket 49 entries
Disposition judgment entered

Parties

Plaintiff Dixon, Iii, George E.|Dixon, Tracy
Defendant Unknown/unidentified/unascertained Onwer Of 1,494 Square Feet (more Or Less) Of Land Along The Northerly Bouhndary Of 20 Whitehead Avenue, Hull Massachusetts

Lawyers

Docket Entries

  1. vent Resulted: Status Conference scheduled on: 11/21/2023 09:30 AM Has been: Canceled For the following reason: Case Closed Hon. Diane R. Rubin, Presiding
  2. ase assigned to the Average Track per Land Court Standing Order 1:04.
  3. and Court miscellaneous filing fee Receipt: 435931 Date: 11/15/2022
  4. and Court surcharge Receipt: 435931 Date: 11/15/2022
  5. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. otion for Constructive Service upon Persons who are Unknown/Unidentified/Unascertained who may have a Claim to Ownership of 1,494 Square Feet (more or less) of Land along the Northerly Boundary of Property at 20 Whitehead Avenue, Hull, Massachusetts, in Liew of Actual Service of Process, filed.
  7. ffidavit of Robert H. Greene in Support of Motion for Constructive Service upon Persons who are Unknown/Unidentified/Unascertained who may have a Claim to Ownership of 1,494 Square Feet (more or less) of Land along the Northerly Boundary of Property at 20 Whitehead Avenue, Hull, Massachusetts, in Liew of Actual Service of Process, filed.
  8. he case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Robert H Greene, Esq. [email protected] Sent On: 11/23/2022 12:05:42
  9. vent Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference Date: 12/21/2022 Time: 03:00 PM Counsel notified via email.
  10. vent Resulted: Case Management Conference scheduled on: 12/21/2022 03:00 PM Has been: Rescheduled to January 5, 2023 at 10:30 am, at the request of counsel and by agreement of the court. Hon. Diane R. Rubin, Presiding
  11. vent Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference Date: 01/05/2023 Time: 10:30 AM Counsel notified via email.
  12. Plaintiff's) Joint Statement for Initial Case Management Conference, filed.
  13. vent Resulted: Case Management Conference scheduled on: 01/05/2023 10:30 AM Has been: Case management conference held via videoconference. Attorney Robert Greene appeared on behalf of the plaintiffs. Court is in receipt of (Plaintiffs') Joint Statement for Initial Case Management Conference. By way of background, Plaintiffs seek title by adverse possession to a 1,494 sq. ft. portion of a 3,309 sq. ft. parcel of unknown owners which abuts plaintiffs' property at 20 Whitehead Avenue, Hull (the "Disputed Parcel" and "Unknown Parcel"). Attorney Greene discussed with court the extensive title search and due diligence he had undertaken to identify those who may have an interest in the Disputed Parcel and Unknown Parcel, and the layout of the area as shown on Exhibit A to the Complaint. Attorney Greene further explained that he had been in touch with the assessor's office for the Town of Hull, who advised that the Unknown Parcel had never been assessed or taxed since the owners were unknown, possibly because substantial ledge limited the usability of the parcel. Following colloquy, plaintiffs to file a Verified Amended Complaint, adding as Potentially Interested Parties all abutters to the Unknown Parcel and the common grantor(s) of the plaintiffs' property and the parcels abutting the Unknown Parcel (or the heirs or successors thereto), and also appending all relevant plans and deeds as additional exhibits. Attorney Greene advised that he intends to serve the Verified Amended Complaint along with a notice letter to the Potentially Interested Parties, and will engage a genealogist if necessary to identify the common grantor(s) and heirs or successors thereto. Status conference scheduled for March 16, 2023, at 10:30 A.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  14. cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 03/16/2023 Time: 10:30 AM
  15. equest for Further Instructions and Orders from the Court before Filing Amended Verified Complaint, filed.
  16. upplemental Affidavit of Robert H. Greene in Support of Motion for Constructive Service upon Persons who are Unknown/Unidentified/Unascertained who may have a Claim to Ownership of 1,494 Square Feet (more or less) of Land along the Northerly Boundary of Property at 20 Whitehead Avenue, Hull, Massachusetts, in Liew of Actual Service of Process, filed.
  17. vent Resulted: Status Conference scheduled on: 03/16/2023 10:30 AM Has been: Status conference held via videoconference. Attorney Robert Greene appeared on behalf of the plaintiffs. Court is in receipt of Request for Further Instructions and Orders from the Court before Filing Amended Verified Complaint; and the Supplemental Affidavit of Robert H. Greene in Support of Motion for Constructive Service upon Persons who are Unknown/Unidentified/Unascertained who may have a Claim to Ownership of 1,494 Square Feet (more or less) of Land along the Northerly Boundary of Property at 20 Whitehead Avenue, Hull, Massachusetts, in Liew of Actual Service of Process. Attorney Greene presented his Supplemental Affidavit and the due diligence undertaken to identify the last known owner of the Unknown Parcel, advising that Sadie E. Thomas appears to be the last owner of record (having taken title from Elizabeth Fitz, who inherited from Jacob Loud). In addition, Attorney Greene presented his conclusion that the unknown parcel appears to be a gap or gore of unconveyed land between two adjacent subdivisions, the Kenberma Park subdivision as shown on a plan dated June 1908 (Exhibit A to his Supplemental Affidavit) and the Plan of Lots at Edgewater subdivision as shown on a plan dated January 1913 (Exhibit B to his Supplemental Affidavit). Following colloquy, Attorney Greene to file a Verified Amended Complaint, naming as parties the abutters to the Unknown Parcel (identified in the Verified Complaint) as well as the Heirs of Sadie E. Thomas. Attorney Greene also to file a genealogist report, along with a supporting affidavit, confirming his due diligence and providing the names and addresses of any heirs of Sadie E. Thomas, along with a Motion for Service by Publication, as may be appropriate. Status conference scheduled for June 8, 2023, at 9:30 A.M., with Attorney Greene to file by June 1, 2023, a status report. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  18. cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 06/08/2023 Time: 09:30 AM
  19. mended Verified Complaint, filed.
  20. otion for Constructive Service upon Person or Parties (Including but not Limited to any persons Claiming to he Heirs of Successors in Interest to Sadie E. Thomas, Late of Quincy, Massachusetts) who may have a Claim or Potential Interest in 1,494 Square Feet (more or less) of Land located between Whitehead Avenue and Mountford Road (Bounding the Land at 20 Whitehead Avenue to the North), Hull, Massachusetts, in Liew of Actual Service of Process, filed.
  21. ffidavit of Due Diligence with Attached Report of the Certified Genealogist and Forensic Genealogist from Stonehouse Historical Research, LLC, filed.
  22. ourt has reviewed counsel's affidavit of due diligence and requests a further diligence affidavit and report regarding the Estate of Miriam (Thomas) Hill, the New Hampshire probate of Ms. Hill's estate and what may be known by Attorney James M. Cassidy, Executor of the Estate of Miriam (Thomas) Hill. Counsel notified via email. Judge: Rubin, Hon. Diane R.
  23. tatus Report, filed.
  24. ffidavit of Further Due Diligence, filed.
  25. vent Resulted: Status Conference scheduled on: 06/08/2023 09:30 AM Has been: Rescheduled Hon. Diane R. Rubin, Presiding
  26. cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 08/08/2023 Time: 09:30 AM
  27. otion for Constructive Service upon Person or Parties (Including but not Limited to any persons Claiming to he Heirs of Successors in Interest to Sadie E. Thomas, Late of Quincy, Massachusetts) who may have a Claim or Potential Interest in 1,494 Square Feet (more or less) of Land located between Whitehead Avenue and Mountford Road (Bounding the Land at 20 Whitehead Avenue to the North), Hull, Massachusetts, in Liew of Actual Service of Process ALLOWED. The Court to issue a Publication. Counsel notified via email. Judge: Rubin, Hon. Diane R.
  28. itation by publication in the Hull Times, returnable 08/07/2023, issued. (emailed and mailed copy to: Robert H Greene, Esq.; [email protected])
  29. ertificate of Service and Compliance with Order of Publication of the Court dated June 22, 2023, filed.
  30. ummons returned with service on the following potentially interested parties: Frederick M. Sousa, Timothy S. Pearson, Emily G.P. Pearson, Edward E. Lee, Anne L. Lee, Daniel M. Melody, Truang Dang. All were served at the last and usual place of abode and ny first class mail on June 16, 2023. Potentially Interested party Nathan Peyton was served in hand on June 16, 2023.
  31. ummons returned with service on the following potentially interested party: James M. Cassidy, Trustee of Miriam T. Hill Revocable Trustee and Executor of the Estate of Miriam Tr. Hill. Served IN HAND on July 7, 2023.
  32. vent Resulted: Status Conference scheduled on: 08/08/2023 09:30 AM Has been: Status conference held via videoconference. Attorney Robert Greene appeared on behalf of the plaintiffs. Court is in receipt of: Amended Verified Complaint; Affidavit of Due Diligence; Status Report; Affidavit of Further Due Diligence; and Certificate of Service and Compliance with Order of Publication of the Court dated June 22, 2023. Attorney Greene first provided an overview of his efforts to effectuate service, and confirmed with the court that service is complete. Following colloquy and by November 9, 2023, Attorney Greene to file Requests for Default pursuant to Mass. R. Civ. P. 55(a) and an Application for Entry of Default Judgment pursuant to Mass. R. Civ. P. 55(b), along with an updated version of the plan filed as Exhibit A to the Amended Verified Complaint suitable for recording (depicting the area being claimed and including dimensions thereof) and a proposed form of judgment (referencing that plan). Attorney Greene further to endeavor to obtain a disclaimer of interest, assent, or other such documentation from James M. Cassidy, Trustee of Miriam T. Hill Revocable Trust and Executor of the Estate of Miriam T. Hill, if attainable, so as to help clarify title. Status conference scheduled for November 21, 2023, at 9:30 A.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  33. cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 11/21/2023 Time: 09:30 AM
  34. equest for Default pursuant to Mass. R.Civ.P.55(a) on Defendant Unknown/Unidentified/Unascertained Onwer of 1,494 Square Feet (more or less) of Land Along the Northerly Bouhndary of 20 Whitehead Avenue, Hull Massachusetts, Heirs/Successors in Interest to Sadie E. Thomas, filed.
  35. pplication for Judgment by Default (Mass. R. Civ. P 55(b)(2)) along with a Proposed Judgment, filed.
  36. ffidavit of Compliance with Order of August 8, 2023 regarding Communication to James M. Cassidy, Executor of Estate of Miriam T. Hill, filed.
  37. arge size Plan (2' x 3') as revised August 14, 2023 is in the file.
  38. equest for Default pursuant to Mass. R.Civ.P.55(a) on Defendant Heirs/Successors in Interest to Sadie E. Thomas, filed. (Substituted form of September 5, 2023)
  39. pplication for Judgment of Default (Mass. R. Civ. P. 55(b)(2)), filed. Including proposed form of Judgment. (Substituted form of September 5, 2023)
  40. upplementary Affidavit of Compliance with Order of August 8, 2023 Regarding Communication to James M. Cassidy, Executor of Estate of Miriam T. Hill/Trustee of Miriam T. Hill Revocable Trust and of Receipt of Disclaimer of any Interest and Assent, filed.
  41. efendant Unknown/Unidentified/Unascertained Onwer of 1,494 Square Feet (more or less) of Land Along the Northerly Bouhndary of 20 Whitehead Avenue, Hull Massachusetts, Heirs/Successors in Interest to Sadie E. Thomas defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
  42. equest for Default Pursuant to 55(a) on Interested Parties Frederick M. Sousa; Timothy S. Pearson; Emily G.P. Pearson; Edward E. Lee, Anne L. Lee; Daniel M. Melody; Truang Dang; and Nathan Peyton, filed.
  43. nterested Parties Frederick M. Sousa; Timothy S. Pearson; Emily G.P. Pearson; Edward E. Lee, Anne L. Lee; Daniel M. Melody; Truang Dang; and Nathan Peyton Defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
  44. tty. Greene emailed the court confirming that the eight (8) "Potentially Interested Parties" should be included in the Application under Civil Rule 55(b) for Judgment by Default.
  45. cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 10/02/2023 Time: 11:00 AM Counsel notified via email.
  46. vent Resulted: Status Conference scheduled on: 10/02/2023 11:00 AM Has been: Status conference held via videoconference. Attorney Robert Greene appeared on behalf of plaintiffs. Before the court were: (1) Application for Judgment by Default (Mass. R. Civ. P. 55(b)(2) along with a Proposed Judgment; (2) Request for Default pursuant to Mass. R. Civ. P. 55(a) on Defendant Unknown/Unidentified/Unascertained Owner of 1/494 Square Feet (more or less) of Land Along the Northerly Boundary of 20 Whitehead Avenue, Hull, Massachusetts; (3) Request for Default pursuant to Mass. R. Civ. P. 55(a) on Defendant Heirs/ Successors in Interest to Sadie E. Thomas; and (4) Request for Default pursuant to Mass. R. Civ. P. 55(a) on Interested Parties Frederick M. Sousa; Timothy S. Pearson; Emily G.P. Pearson; Edward E. Lee, Anne L. Lee; Daniel M. Melody; Truang Dang; and Nathan Peyton ("abutters"). Court advised Attorney Greene that it had been preparing an order for Judgment of Default but noted concerns about notice to the abutters to the property at issue. Following colloquy, Attorney Green to: (1) file a motion to amend the caption of the case to substitute the individual names of the abutters as interested; and (2) file an affidavit describing the service and notice to the abutters, with the notice letter appended thereto. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  47. otion to Amend Caption of Case, filed and ALLOWED. Counsel notified via email. Judge: Rubin, Hon. Diane R.
  48. urther Supplementary Affidavit of Compliance with Order of October 2, 2023 Regarding Service of Notice to Eight Persons Identified as having a Potential Interest in the Land, filed.
  49. efault Judgment entered. (Copies emailed to Attorney Robert Greene) Judge: Rubin, Hon. Diane R.

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