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Matter of Jarvie.

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People ex rel. New York Cen-
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THE

MISCELLANEOUS REPORTS

OF THE

STATE OF NEW YORK.

COMMENCING MAY, 1912.

CHARLES CRABBE, Plaintiff, v. EMMA L. HARDY et al., Defendants.

(Supreme Court, Queens Special Term for Trials, May, 1912.)

Real property-right to muniments of title-chain of title-registration of title under the provisions of the Real Property Law.

The object of the title registration provision of the Real Property Law is to establish, by a judgment of court, that the applicant has title so that thereafter the records need not be reexamined, but such provision was not intended as a means for curing defects, or clearing title, or giving to the applicant a title he does not have.

A judgment under said provision will not go as by default upon the examiner's certificate, unless some one appears, and, if defendant does not answer, he can only raise such questions as affect his individual interest.

It is the duty of the court on such an application to carefully examine the chain of title as set forth in the examiner's certificate and accompanying proofs and to refuse registration if the title is questionable.

APPLICATION to have a title to real property registered under The Title Registration Law (Article 12 of the Real Property Law).

Gilbert Ray Hawes, for plaintiff.

Thomas Carmody, attorney-general (William J. Klein, of counsel), for defendants.

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