176 Ga. 896 | Ga. | 1933
A deed conveying land to secure a debt, made by Rooks to Citizens Bank of Colquitt, provided: “Should said indebtedness, or any part thereof, be not paid at maturity, . . the grantee . . is hereby empowered to advertise said property for sale in some newspaper, by him to be chosen, . . and, after advertising the same two consecutive insertions in said newspaper, or by advertising ten days in three public places in Colquitt, Ga., to expose said property at public sale on the date in said advertisement named,” etc. In the issues of the Miller
(a) The court was authorized to find that the advertisement was not illegal. Carter v. Copeland, 147 Ga. 417 (94 S. E. 225); Haynes v. Arnold, 154 Ga. 377 (114 S. E. 360). Even if the newspaper was not the official organ, the power of sale did not require the advertisement to be in the official organ. Brown v. Federal Land Bank of Columbia, 176 Ga. 670 (168 S. E. 775).
(&) The advertisement appeared in “two consecutive” issues of the paper, which, according to undisputed evidence, was a “weekly paper.” One of the dates November 11 or November 16 must be erroneous. However, this does not affect the legality of the advertisement.
(c) .The date of the sale having passed when the judgment was rendered, a new advertisement will be necessary.
(d) Nothing in Carter v. Land, 174 Ga. 811 (164 S. E. 205), conflicts herewith. Judgment affirmed.