sold.1 Where a statute requires that the property taken shall be advertised at some "public place" to be sold, a "public place" is such a place that an advertisement posted in it would be likely to attract general attention, so that its contents might reasonably be expected to become a matter of notoriety in the vicinity. Where an insufficient description is given, as, "all the land of the debtor in a certain county," a sale cannot be sustained. The omission to name the county in which the land is situated will not avoid the levy. In Tennessee publication need not be made after the issue of an alias vendi Where there are executions on several judgments, one advertisement is sufficient. Where a sale is stayed after its being advertised, a new advertisement is necessary when the revocation is made, if made after the time advertised for the sale." A re-advertisement where the sale day is discovered to come on Sunday does not avoid the sale as to the debtor. In Tennessee, if the defendant be in actual possession, the sheriff must give him twenty days' notice, in writing, of the time and place of sale, and if the defendant be not in possession, the sheriff must advertise the sale in a public paper three different times, or the sale will be absolutely void. Equivalent information will do.10 In Delaware, on a sale of real estate by the sheriff, he must be prepared to show at least one advertisement posted in each hundred ten days before the sale, and it seems this is not exclusive of both the day of posting and the day of sale. The sheriff is bound to prove notice of the sale of lands strictly.12 In computing the length of time an adver 'Harrison v. Cachelin, 37 Mo. 79. Merwin v. Smith, 1 Green Ch. 162. Allen v. Cole, 1 Stockt. 286. Collier v. Vason, 12 Ga. 440. * Austin v. Soule, 36 Vt. 645. 3 Merwin v. Smith, I Green Ch. 182. Frazer v. Steerod, 7 Ia. 339. Reynolds v. Wilson, 15 Ill. 394. Duncan v. Matney, 29 Mo. 368. ⚫ Luther v. McMichael, 6 Humph. 298. tisement is published, the day it was published and the day of the sale may both be counted.1 In Illinois "for three successive weeks" means simply three successive publications. Where a publication is required to be during "three successive weeks previous to sale," it must be three full weeks, or twenty-one days, between the date of the first advertisement and the sale. Where "six weeks successively" is required, a publication for six weeks, the first being but thirty-nine days before the sale, is insufficient. It is sufficiently proved by a printer's affidavit, or by parol by the advertisement that the sale was advertised according to law. Where a statute authorizes a publication in a newspaper published in the county, or in three public places in the county, it is not necessary to advertise that sale in three of the most public places in order to make the advertisement legal. Notice of an execution sale is virtually notice of the deed conveying the property.R § 200. OF THE PLACE of Sale. — The statutes make special provision as to the place where real property is to be sold. The general rule is, that the sale must be made at the courthouse door in the county where the land is situated; in Louisiana at the seat of justice in the parish, and on the plantation, if the sale be in the country. The provisions of state statutes fixing the place of sale are imperative and mandatory, and a sale at any other place is void.10 In Missouri a sale made at the court-house door of the Circuit Court, in another town from that where the judgment is rendered, is valid;11 or if made at another place than that required by statute, with the consent of the debtor, it is good.12 §201. Having made a levy, an appraisement, and given notice of the time and place of sale as required by law, the next step in the execution of final process upon real estate is the sale of the property on which the levy is made, which will be treated of in a subsequent chapter. CHAPTER XI. OF THE SALE. What is a sale.-By whom to be made.-Essentials of a sale. How made. For what made.-Amount of property to be sold.-Bidding at sales.-Proceedings under several writs.Who may purchase.-Who may not purchase.-Proceedings in case of sacrifice.—Postponement of sale.-Resale, when allowed.-Sale after return day.-After death of party.Rule of caveat emptor, when applicable.-When purchaser may obtain relief.-Sale under a writ of Venditioni exponas. Sale of personal property.-Time and place of sale.-Personal property, how sold.-Of the title that passes by sale.-Fraudulent sales.--Sale of crops.Sale of mortgaged personal property. 204. A sale by virtue of the authority and power conferred on a ministerial officer of a court by an execution is what is known as a forced or involuntary sale, sometimes called a judicial sale. It is made without the consent of the owner, and in obedience to the mandate of a tribunal of competent jurisdiction. An officer has no authority to sell but what he derives from the writ: viz., to sell goods, chattels, lands, and tenements. The right to receive the distributive share of an estate is neither of these.' A sale thus made transfers all the rights, title, and interest of the owner of the property (the debtor or defendant). It does not, as we shall see, guarantee the title to the property sold, but merely transfers the rights of the party to the thing sold, subject, as a matter of course, to all prior claims or liens, defects, &c. In treating of the sale under 1 Colvard v. Coxe, Dud. 99. executions, the general principles applicable to all of this class of sales will be examined, the sale of personal or movable property, and then the sale of real property. Sales under execution are made by the officer of the law who is required by law, as well for the benefit of all the parties to the action as others who may be injured by his official defalcations, to give bond and good security for the faithful discharge of his duties. The statutes governing proceedings upon final process are the only guides of such officers, and as a general rule their sales are perfect, and a title passes to the purchaser without confirmation by the court, unless otherwise specially provided.' The sale must be made in obedience to the mandate of a writ. Where a cause is settled by agreement, part of which agreement is that the property shall be sold by an officer, and such settlement is made the judgment of the court, a sale made by an officer under such agreement is not a judicial sale. One of the essentials of a sale under an execution is that there must be a previous levy.' It must follow the advertisement or it may be set aside,' and must be made by the same officer who makes the levy, though his term of office expires before the day of sale. While the sheriff or constable is the proper person to sell, a court has discretionary power to appoint any fit or proper person to make the sale. An officer, having a number of sales to make in a few hours, can not be expected to stop selling after one item of property is sold, until the money is paid for it, and if not paid, set it up again for sale. 1 Foreman v. Hunt, 3 Dana, 621. 400. 3 Hamblen v. Hamblen, 33 Miss. 455. Kellogg v. Buckler, 17 Geo. 187. Bond v. Willett, 31 N. Y. 102. S. C., 3 Keyes. Cook v. Wood, 1 Harr. 254. Berry v. Griffith, I G. & J. 37. 4 Jarboe v. Colvin, 4 Bush. 70. Clark v. Withers, I Salk. 223. Devoe v. Elliott, 2 Caines, 243. Cord His duty Colyer v. Bank, &c. v. Clarke v. v. Hirsch. 17 Wis. 403. Meetz v. Padgett, I S. C. 127. |