CHRISTOPHER R. LOMBARD and KAREN A. LOMBARD v. EDWARD E. COOK, EVELYN R. COOK, and PAUL S. GECSE
Scheier, C.J.
In this action, filed May 9, 2007, Plaintiffs Christopher R. Lombard and Karen A. Lombard (Plaintiffs or Lombards) seek to quiet title to a portion of their land located in Plymouth. The lots respectively owned by the Lombards, Paul S. Gecse (Gecse), and Edward E. Cook and Evelyn R. Cook (Cooks) are abutting parcels carved from one larger parcel, at different times. The sole issue for trial in this matter was the location of the southerly boundary of the Lombards lot, which was the second lot carved out of the original parcel. The southerly line, wherever located, abuts a portion of the northerly line of the Gecse Parcel. The Lombards claim it is in one position, which the parties refer to as the Lombard Line and Gecse locates the boundary in another location, referred to by the parties as the Gecse Line.
Substituted Defendant Gecse filed an Answer, Counterclaim, and Cross-claim timely on May 4, 2009. [Note 1] Count I of Defendant Gecses counterclaim, filed pursuant to G. L. c. 240, §§ 1-5, sought to compel Plaintiffs to try title to the Disputed Area of Plaintiffs land. Plaintiffs answered the counterclaim on May 20, 2009. [Note 2] Defendant Gecse subsequently filed a Motion for Default Judgment against Defendants Edward E. Cook and Evelyn R. Cook, which was allowed as to the cross-claim on December 28, 2009. A view was taken by the court in the presence of counsel on September 21, 2010, followed by a two-day trial on September 23 and 24, 2010. A decision has issued this day, in favor of Defendant Gecse. In accordance with that decision, it is hereby
ADJUDGED and DECLARED that the southerly boundary of the Lombard Parcel, known as and numbered 287 Black Cat Road and comprised of multiple parcels described in deeds dated October 7, 1986, November 24, 1992, and December 16, 2006, recorded with the Plymouth County Registry of Deeds in Book 7190, at Page 121, Book 11484, at Page 193, and Book 33868, at Page 174, respectively, is as shown on Plan Book 45, Plan 54, recorded with the Registry. It is further
ADJUDGED and DECLARED that Edward E. Cook and Evelyn R. Cook, who were defaulted in this action, do not have any rights to use any portion of the property at 297 Black Cat Road, owned by Defendant Gecse described in a deed recorded in Book 36767, at Page 78, other than those rights granted to them in an Easement Deed recorded in Book 23185, at Page 309. It is further
ORDERED that upon the payment of appropriate recording fees, an attested copy of this judgment may be recorded with the Plymouth County Registry of Deeds and marginally referenced as appropriate.
So ordered.
By the court (Scheier, C.J.)
FOOTNOTES
[Note 1] Gecse was substituted as a defendant for Federal National Mortgage Association, which had been substituted for the Bianchis, its mortgagors.
[Note 2] Procedurally, G. L. c. 240, §§ 1-5 would compel Plaintiffs to file a complaint pursuant to the statute. However, all parties agreed that Plaintiffs May 10th answer was substantively acceptable, and the case would proceed upon the Lombards Second Amended Complaint and Defendants Answer, since the issues were fully joined.