Page:Federal Reporter, 1st Series, Volume 10.djvu/229

 EUBGBSS V. GRAFFAM. 217 �take less than $750 for a release of his interest in the estate. The bill prayed that Graffam might be enjoined from committing any waste, and from selling the premises, and might be required to de- liver them to the complainant. The answer of Graffam denied all fraud, combination, and conspiracy, and averred that the judgments were dulj' obtained against the complainant after notice and appear- ance, and that the property had been duly and legally sold at auction; th.it the year for redemption hail expired, and the title of Graffam had become perfect ; that he had duly and properly bought Newhall's title, and was the legal and equitable owner of the estate ; that all the proceedings were open and public, and the complainant knew of them, or might, with reasonable diligence, have kriown of them ; that hc removed and stored the personal property, as he had a right to do, and gave the plaintiff notice of the fact. The answer further averred that Graffam had sold all his interest in the estate to Her- bert F. Doble, of Quincy. The other defendants answered, denying all fraud and conspiracy, etc. The plaintiff amended her bill, and made Doble a defendant, alleging that he was not a bonafide pur- chaser, and that he bought with notice. �E. P. Brown and Belva A. Lockwood, for complainant. �A. A. Ranney, for defendants. �LowELL, C. J. Of the actions against her the defendant had notice, and she cannot aver and prove, in this collateral suit, that they were not founded upon just debts, By a recent statute of Mas- sachusetts the power of a judgment creditor to sell his debtor's lands at auction, which was formerly confined to equities of redemp- tion, bas been extended to unencumbered estates. St. 1874, c. 188; Hackett v. Buck, 128 Mass. 369; Woodward v. Sartwell, 129 Mass. 210. No notice is required to be given to the debtor unless he is found within the county. A notice must be posted in the town, and one in each of two adjoining towns, and must be published in some newspaper printed in the county. These notices are not intended for the information of the debtor, as is apparent from their character, and from the fact that they are equally essential when the debtor bas had personal notice as when he bas had none. Their office is to inform the public, and obtain bidders at the sale. �In the sale on Graffam's execution all the forms of law were com- plied with. It was made at the office of the sheriff, as is not unusual. There were no bidders excepting the creditor, and the sheriff did not adjourn the sale, as he should have done, if he had any reason to suppose that competitors would appear at the adjournment. I do not ��� �