Legal Opinion

Bacon v. Kennedy

Michigan Supreme Court

Decided April 10, 1885PublishedCited by 21 opinions

Error to Huron. (Wixson, J.) Ejectment. Defendant brings error.

1Opinion of the CourtCampbell, J.

The only question in this case is whether a statutory foreclosure is valid where the sale was made on a notice which, although published twelve times in separate weeks, provided for selling on a day less than twelve weeks from the first publication. The statute does not say that notice shall merely be published twelve times, once a week, but once a week “ for twelve successive weeks.” The object of this was manifestly to give that full interval between the first notice and the sale. Such was the basis of the decision in Gantz v. Toles 40 Mich. 725; and the same principle has been applied in…

2Cases cited1 opinion

  1. Gantz v. TolesMichigan Supreme Court · 1879

3Cited by21 opinions

  1. O'Hara v. ParkerOregon Supreme Court · 1895
  2. Cadman v. SmithSupreme Court of Oklahoma · 1905
  3. Gage v. SanbornMichigan Supreme Court · 1895
  4. Schaeffer v. Anne Arundel CountyCourt of Appeals of Maryland · 1995
  5. Finlayson v. PetersonNorth Dakota Supreme Court · 1896

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