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WHITTENBERGER v. COMMERCIAL CREDIT CORP.

No. 93-P-839.

37 Mass. App. Ct. 303 (1994)

639 N.E.2d 737

JAMES L. WHITTENBERGER vs. COMMERCIAL CREDIT CORPORATION & others.

Appeals Court of Massachusetts, Suffolk.

September 22, 1994.

Attorney(s) appearing for the Case

Thomas Paul Gorman for Commercial Credit Corporation.

John J. Falvey, Jr., for the plaintiff.

Present: BROWN, SMITH, & LAURENCE, JJ.

BROWN, J.

The plaintiff, Dr. James L. Whittenberger, brought this action to quiet title to a parcel of registered land located at 52 Gun Club Lane, Weston. The defendant Commercial Credit Corp. (Commercial Credit) claims to have a mortgage on that parcel (the premises). At issue is the applicability of the statutory provisions that govern the effect of the issuance of a certificate of registration based upon a forged deed or other instrument.

In 1946, Dr....

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