Bertonazzi v. Mechanics National Bank

Massachusetts Appeals Court

Bertonazzi v. Mechanics National Bank

390 N.E.2d 260, 7 Mass. App. Ct. 935

CourtMassachusetts Appeals Court

DecidedJune 14, 1979

StatusPublished

Cited by1 cases

This text of 390 N.E.2d 260 (Bertonazzi v. Mechanics National Bank) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bertonazzi v. Mechanics National Bank, 390 N.E.2d 260, 7 Mass. App. Ct. 935 (Mass. Ct. App. 1979).

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Opinion

Although the provisions of G. L. c. 4, § 9, might have authorized the deputy sheriff to adjourn the execution sale from May 23, 1977, until May 31,1977 (which we do not decide), it is clear from the evidence and from the judge’s findings that there was no public declaration of adjournment on May 30,1977, the date to which the sale had been most recently adjourned. Accordingly, the purported further adjournment of the sale which was declared on May 31,1977, was invalid under G. L. c. 236, § 29. Compare Tourles v. Hall, 341 Mass. 299, 304 (1960), decided under the identically worded provisions of G. L. c. 235, § 39. The judgment is reversed, and the case is remanded to the Superior Court for further proceedings.

So ordered.

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Although the provisions of G. L. c. 4, § 9, might have authorized the deputy sheriff to adjourn the execution sale from May 23, 1977, until May 31,1977 (which we do not decide), it is clear from the evidence and from the judge’s findings that there was no public declaration of adjournment on May 30,1977, the date to which the sale had been most recently adjourned. Accordingly, the purported further adjournment of the sale which was declared on May 31,1977, was invalid under G. L. c. 236, § 29. Compare Tourles v. Hall, 341 Mass. 299, 304 (1960), decided under the identically worded provisions of G. L. c. 235, § 39. The judgment is reversed, and the case is remanded to the Superior Court for further proceedings.

So ordered.

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Bluebook (online)

390 N.E.2d 260, 7 Mass. App. Ct. 935, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bertonazzi-v-mechanics-national-bank-massappct-1979.

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