ISBN: 9781130580211

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not … Plus…

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ...properly have been sold at that time, or the sale adjourned to a different day. In Miller v. Hull, 4 Denio, 104, where an adjournment to a certain date was announced at the time and place set for the sale, but, by mistake of the printer, the published notice of postponement contained a later date, and the sale was conducted on that date, it was held that the notice was unauthorized and irregular, and the sale void. In Clark v. Simmons, 150 Mass. 357, 23 X. E. 108, where a sale was adjourned from time to time for want of bidders, the only notice of adjournment being the oral proclamation of the auctioneer, and a sale was finally made to the mortgagee at an inadequate price, it was held that the sale was not in good faith as to a second mortgagee, who had requested notice of when a sale would be held, but to whom none was given except by a letter received the night before the adjournment date, giving the date of sale only, without the hour or place; and who, upon inquiry of persons living near the property, was unable to learn anything concerning the sale. Where a sale which was prevented by an injunction was adjourned by the sheriff from week to week for a period of two and one half years, and then, upon dissolution pass the legal title subject to certain equitable rights in the purchaser, as of subrogation, etc., in case he has paid the purchase money in good faith. And the position is approved in Eubanks v. Becton, in a well-sustained opinion by Associate Justice Allen, citing, among many other authorities, 27 Cyc. 1405, as follows: A power of sale contained in a mortgage or deed of trust must be strictly pursued, and all its terms and conditions fully complied with, in order to render the sale valid. And on page 1400:... Edmund Hamilton Smith, Books, History, Lawyers' reports annotated Volume 54 Books>History <