100 Ga. 486 | Ga. | 1897
The official report shows the fáets.
1. Counsel for plaintiff in error, by his brief filed here, withdrew from our consideration all of the various grounds •contained in the affidavit of illegality, except the 4th, 5th, .and 7th; and our decision will be confined to a review of the •questions raised by those grounds, and whether the court below erred in sustaining a general demurrer thereto. There were eight specific 'grounds set out in the affidavit, in each ■of which it was claimed the execution had issued or was proceeding illegally; and we are not to be understood, in failing to give them notice here, as passing in favor of the ■questions raised; we have simply confined consideration to those only which were not abandoned on the argument here.
The. 4th and 5th grounds of the affidavit, which appear in the statement of the case, raise the question of the time ■necessary, under tKe law, for notice by advertisement of a ¡sale of land by the sheriff, and allege that the sheriff is proceeding to sell under an advertisement of less than four weeks. To determine this question, it will not be necessary
Such is our construction of the act of 1891. It is neither our province nor purpose- to criticise the policy of this legislation. "Were we. to do so, I should be disposed to doubt' the wisdom of sanctioning a sale of lands taken under execution on so short a notice. At best, comparatively few persons are reached by the published notices appearing once in a week. The object of the advertisement is to secure as-many bidders for the property as possible; and any legislation which tends to restrict knowledge of the fact, time and place of sale, might, not without reason, be regarded as-working injustice, not only to the creditor, but the debtor as-well.
In this case, the advertisement of the sale of the land by the sheriff was made first on January 10th, the second notice-would appear on January 17th, the third on January 24th, and the fourth on January 31st, while the sale would take place on the 4th day of February — just 26 days after the advertisement first appeared. Nevertheless, as, under the act of 1891, the days which elapse between the two periods are not to be computed, and the advertisement would appear-once in each of the four calendar weeks, we are constrained ■to hold that such advertisement meets the requirements off that act.
The levy in the case under consideration is made on a specified lot of land as the property of the defendant. The levy recites that it contains one acre and is an undivided half-interest in two acres. It will be noted that it is not an undivided half-interest in the lot which is levied on, but the
Ju-dgment reversed.