Kelley Realty Co. v. McDavid

SOMERVILLE, J

As we interpret the allegations of the bill of complaint, the defect in the advertisement of the foreclosure sale consists merely in the omission of one of the four weekly newspaper insertions required by the mortgage to be successively made If material to the determination of the question presented, we would presume that the omitted insertion was other than the first, and that the notice was begun a full thirty days before the sale. And, if material, we would presume also that the omission complained of was innocently made, and that it did not injuriously affect the market for…