Massachusetts General Laws

Mass. Gen. Laws ch. 235, § 40 (2026)

Adjournment upon injunction

✓ current as of July 2026

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Section 40. If a sale of such property on execution is enjoined, it may be adjourned by the court granting the injunction to await further order of the court, and upon dissolution of the injunction the court may order the sale to proceed, and may order additional notice of the adjourned sale.

Notes of Decisions

Cited in 1 case, 1960–1960 · leading case: Tourles v. Hall, 168 N.E.2d 505 (Mass. 1960).

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Tourles v. Hall, 168 N.E.2d 505 (Mass. 1960). “On August 28 the defendant was served with a temporary restraining order issued by the Superior Court in Boston (see G. L. c. 235, § 40) and thereupon released his keepers who had been reinstated in possession on August 26.”

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