TYLER v. JUDGES OF THE COURT OF REGISTRATION

Procedural Basis: Writ of prohibition against application to quiet title to property.

Facts: Tyler (P) claimed an interested to a parcel of land.  A separate individual filed an application with the Court of Registration ? to register this parcel.  Tyler (P) sought a writ of prohibition to prevent the judges of the Court of Registation ? from giving this application. Tyler (P) argued that the act establishing the court violated due process b/c it deprived all persons except the registered owner of any interest in the land, and b/c it provided for insufficient notice to all persons having adverse claims.  The statute operated to quiet title to the land and was binding upon all persons, whether or not named in the proceeding.  The act required only notice by publication and by mail to all adjoining landowners and to all persons with a known adverse interest in the land.

Issue: May a statute constitutionally provide for a determination of property rights without personal service upon all potential claimants?

Rule: Personal notice to all adverse claimants is not required in a motion in rem to quiet title to property.

Analysis: A judicial proceeding to clear title against everyone would not be possible b/c the nature of the claim is to rid the property of any known or unknown claims.  This proceeding was in rem with its object to bar indefinitely anyone who might make an objection to the right sought to be established.  It is not necessary to personify the rem or to provide notice to all adverse claimants.