270 Mass. 96 | Mass. | 1930
This is a writ of entry to recover possession of a parcel of real estate situated in Sudbury, in the county of Middlesex, and was heard by an associate judge of the Land Court. The demandant claims title by virtue of a sale on execution issued in favor of the Newton Journal Publishing Company against the tenant. The tenant contends that the sale was invalid and requested the trial judge to grant certain rulings. They will be considered in the order in which they appear in the record.
1. The first request is “That the deputy sheriff did not comply with the provisions of law in regard to publishing in a newspaper notice of the sale under the execution upon which the demandant relies in the above entitled writ of entry.” G. L. c. 236, § 28, provides, in part, that before a sale on execution shall be made the officer shall publish a notice of the time and place of sale “once in each of three successive weeks, the first publication to be not less than twenty-one days before the day of sale, in a news
A witness called by the tenant testified that he was the owner, editor and publisher of seven newspapers including the “Sudbury News”; that all of those papers were printed at 11 Church Street, in Hudson, in the county of Middle-sex, which was the home office; that each contained practically the same matter, sometimes arranged differently in the" various papers; that they were weekly papers of which one hundred copies of the “Sudbury News” were printed, and less than that number were circulated in Sudbury. No evidence was introduced as to the circulation of the “Sud-bury Enterprise.” The treasurer of the “Framingham News” testified that that newspaper had a daily circulation of more than six thousand copies, some of which, he could not say how many, circulated in the town of Sud-bury; that some years ago the word “Evening” was left out of the title, but that as the paper was printed and distributed in the evening, the word “Evening” still “clung” to the paper; that there was no other paper having a similar name printed in Framingham. The judge found that under the circumstances the use of the word “Evening” in the name.was not important. We are of opinion that the insertion of the word “Evening” in the description of the newspaper on the return did not affect the validity of the notice or sale. See Blake v. Rogers, 210 Mass. 588, 594.
G. L. c. 4, § 6, Eighth, provides: “Wherever publication is required in a newspaper published in a city or town, it shall be sufficient, when there is no newspaper published therein, if the publication is made in a newspaper published in the
2. The tenant excepted to the refusal to grant the following ruling: “That if the execution under which the execution sale upon which the demandant relies in the above entitled writ of entry was made was not returned into court within ten days after satisfaction thereof the demandant cannot prevail in said writ of entry.” G. L. c. 235, § 17, as amended by St. 1925, c. 217, § 1, provides in part as follows: “All executions shall be returned to the court issuing them within ten days after their satisfaction or discharge.” The execu
3. The tenant’s third request-for a ruling was as follows:
The evidence excepted to was admissible to prove the recitals in the deed under which the demandant claimed title.
The exceptions to the refusal to grant the tenant’s requests for the reasons stated are overruled. An examination of the exceptions to rulings made by the trial judge shows no reversible error.
Exceptions overruled.