Jessup v. . Nixon

There was no evidence that due notice and advertisement of sale were not given in 1896, or that the mortgage sale was not regular. It was therefore error- to instruct the jury to answer the first issue “Yes.” The ordinary presumption is, certainly after the lapse of 25 years, as in this case, that notice and advertisement of sale were given; but even if that were not so, there was no presumption that they were not given so as to justify the court in instructing the jury, as a matter of law, they were not., If the sale was made subject to the widow’s dower and the homestead, this was for the…