Davis v. O'Connell
Davis v. O'Connell
Opinion of the Court
delivered the opinion of the court.
This case is controlled by the case of Melsheimer v. McKnight, post -, 46 South., 827, as to the right of the trustee to name the time and place of sale.
It only remains for us to say that Code 1906, § 2772, providing that sale of lands under deed of trust shall be advertised for three consecutive weeks preceding the sale in a newspaper published in the county, etc., has no application to instruments executed before its enactment.
The former judgment reversing this case is vacated, and a judgment now ordered to be entered affirming the case.
Affirmed.
“The reporter has treated the briefs of counsel in this case, filed on a suggestion of error to the vacated judgment, as if filed before the first and vacated decision was rendered.
Reference
- Full Case Name
- Joseph E. Davis v. James O'Connell
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Deeds oe Trust. Foreclosure. Trustee’s sales. Notice. Code 1906, § 2772. Code 1906, § 2772, requiring trustee’s sales under deeds of trust to be advertised for three consecutive weeks in a newspaper published in the county, has no application to deeds of trust, executed before the section became operative, and containing contractual stipulations on the subject.