Massachusetts Appeals Court June 12, 2009, No. 08-P-859 (O'Donnell v. O'Donnell)

Cohen, J.

A judge of the Land Court dismissed the plaintiffs’ complaint due to the pendency of a prior action in the Probate and Family Court. See Mass.R.Civ.P. 12(b)(9), 365 Mass. 754 (1974). In this appeal, the plaintiffs contend that the judge erred in not asserting the Land Court’s exclusive original jurisdiction over matters affecting title to registered land under G. L. c. 185, § l(tiV2).