Legal Opinion

Bertonazzi v. Mechanics National Bank

Massachusetts Supreme Judicial Court

Decided February 11, 1980PublishedCited by 4 opinions

1Opinion of the Court

In this action the plaintiffs seek a declaration that a sheriff’s sale of their home is null and void. The defendant bank was a judgment creditor and levied on the property. The plaintiffs do not claim any error in the proceedings prior to the defendant bank’s having received the execution. The plaintiffs claim that the sale of the property should be voided because (1) the sale was adjourned on two separate occasions to holidays (May 30 and July 4), and that the “adjournments” were not announced until the next day, thus violating G. L. c. 236, § 29,3 by permitting an adjournment for more than…

2Cases cited3 opinions

  1. Attorney General v. Kenco Optics, Inc.Massachusetts Supreme Judicial Court · 1976
  2. Tourles v. HallMassachusetts Supreme Judicial Court · 1960
  3. Bertonazzi v. Mechanics National BankMassachusetts Appeals Court · 1979

3Cited by4 opinions

  1. Curtis v. CampbellIdaho Supreme Court · 1983
  2. Foreign Car Center, Inc. v. Essex Process Service, Inc.Massachusetts Appeals Court · 2005
  3. MRI, Inc. v. J. Henry Schroeder Bank & Trust Co.Massachusetts Appeals Court · 1981
  4. Curtis v. CampbellIdaho Supreme Court · 1983

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