41 Mich. 448 | Mich. | 1879
Plaintiff in error brought an action of ejectment to recover possession • of certain real estate. The court found that defendant was a bona fide purchaser, and that he had been in possession of the premises since September, 1866, having purchased - from the grantee
The other questions raised all relate to the giving of notice of the time and place of the sale as required by law.
It is said that notices were not posted in the township in which the lands were situate. The proof by affidavit filed with the probate court showed that notices were posted in the township of Tyrone in the county of Livingston. The petition for leave to sell sets forth the descriptions of the land and the number of the township and range according to the government survey. The court will take judicial notice of the fact that the lands described in the petition were located in the township specified in the notice. It is next objected that the proof shows the notices to have been posted in three public places, specifying them, but does not state that these were the most public places in the township. We are of opinion the notice and proof thereof was sufficient. The places having been pointed out where the notices were posted, and the probate court having accepted the same as sufficient, the question cannot thus be raised in this court. The next objection considered worthy of notice relates to the sufficiency of the proof by affidavit of publication of the notice of sale in the newspaper. The statute requires the notice to be published for six weeks successively next before such sale. The affidavit of pub
It is next urged that the statute requires the notice to be published in a newspaper printed in the county, while the affidavit shows it to have been given in a paper “published and circulating in the county.” It is true the statute requires the notice to be published in a “newspaper, if there be one printed in the same county,” but this means something more than the mere printing. At the present day the composition and press-work, or in other words the printing, may be done in one county while the publication and circulation may be exclusively in another, if not indeed sometimes in another State. The publication of a notice in a newspaper printed in a, county in which it was not published or circulated would not be a compliance with the statute, no matter how literally it might be within the words thereof. The record in
The next objection is that the affidavit was made by one describing himself as “a foreman of the Livingston Republican” instead of by “the foreman of the printer of said newspaper.” The criticism is we think more nice than wise. This objection and the one next following in the brief of counsel was not made when the notice was offered in evidence with proof of publication thereof, and we shall not therefore consider them farther, especially as we consider them not well taken. It appears, therefore, that the guardian gave notice of the time and place of sale as prescribed by law, and as all the objections urged are covered and included in the first and fourth subdivisions of section 3116 of the Compiled Laws of 1857, and we find that there has been a compliance therewith, the judgment must be affirmed with costs.