MISC 14-488189

July 7, 2017

Essex, ss.



This case was filed in this court by plaintiff Royal L. Bradburn Barrows, Jr. on November 18, 2014. An amended complaint was filed February 23, 2016. In his complaint, as amended, plaintiff seeks to invalidate and rescind a deed ("Deed") [Note 1] by plaintiff granting title to improved real property ("Property") at 75 Rogers Street, West Newbury, Essex County, Massachusetts, to defendant Lois Falkowski on the grounds of fraud and failure of consideration.

This case came on to be tried to the court (Piper, J.), which in a decision issued today has made findings of fact and rulings of law. In accordance with the courtÂ’s decision, it is

ORDERED, ADJUDGED and DECLARED that the Deed, dated January 26, 2011, recorded with the Essex (South) District Registry of Deeds ("Registry") in Book 30189, Page 569 is a valid instrument of conveyance, having neither been procured through fraud nor conveyed without consideration, for inadequate consideration, or for consideration which never was received; the Deed is not entitled to be rescinded, modified, or reformed on those grounds or on grounds of mistake. It is further

ORDERED and ADJUDGED that no further relief, and no costs, fees, damages, or other amounts, are awarded to any party. It is further

ORDERED that, after this Judgment becomes final, it, or a certified copy of it, may, upon payment of all fees required by law, be recorded in the Registry, and there may be referenced marginally on the record of the Deed.

By the Court.


[Note 1] The Deed, which more fully describes the Property, is dated January 26, 2011 and was recorded with the Essex (South) Registry of Deeds in Book 30189, Page 569 on January 27, 2011. Plaintiff in the Deed reserved to himself a life estate in the Property.