Crawford v. Garrett

Fish, R. J.

The record in this case presents but one question for decision. It was stipulated in a mortgage that, upon default in the payment of the debt it was given to secure, the mortgagee was empowered to sell the mortgaged property at public outcry, in front of the court-house of a given county, after advertising the same for thirty days in the newspaper in which, the sheriff of that county published his' legal advertisements. The question is, whether a sale under such power, in order to be legal, had. to be made on a public-sales day — the first, Tuesday in the month. The Civil Code,…