MISC 17-000471

August 15, 2018

Barnstable, ss.



Plaintiff Stephen L. Benoit filed a Verified Complaint against defendant James Thornhill in August 2017. Benoit claimed that Thornhill holds title to 8 Linden Road in East Sandwich, Massachusetts in trust. Benoit asked that the Court order Thornhill to convey that property to Benoit.

On August 28, 2018, Mr. Benoit asked this Court to endorse a memorandum of lis pendens pertaining to 8 Linden Road. In September 2018, Benoit amended his Verified Complaint. In Count I of the Amended Verified Complaint, Benoit sought a declaratory judgment that he is the rightful owner of 8 Linden Road, and that Mr. Thornhill is obligated to transfer title to Benoit. In Count II of the Amended Verified Complaint, Benoit sought an order enjoining Thornhill from marketing or transferring 8 Linden Road to anyone other than Benoit, and ordering Thornhill to transfer title to Benoit.

Mr. Thornhill answered the Amended Verified Complaint in October 2017. He also moved to dismiss Mr. Benoit's claims. The Court denied that motion on October 16, 2017, and endorsed Benoit's memorandum of lis pendens.

The parties tried the case in this Court on July 23 and 25, 2018. In accordance with this Court's Findings of Fact and Conclusions of Law this same date, this Court ORDERS, ADJUDGES and DECREES that:

A. Judgment is hereby entered in FAVOR of James Thornhill, and AGAINST Stephen L. Benoit, on Benoit's Verified Complaint.

B. Mr. Benoit's Verified Complaint is DISMISSED with prejudice.

C. Mr. Thornhill holds title to the property known as 8 Linden Road, East Sandwich, Massachusetts, pursuant to a Certificate of Title on record with the Barnstable County Registry District of the Land Court as Document No. 974,088, under Certificate No. 171081, free and clear of any claims by Stephen L. Benoit, but subject to the rights described in said Certificate.