Wilson v. Northwestern Mut. Life Ins. Co.
| Decision Date | 03 December 1894 |
| Docket Number | 465. |
| Citation | 65 F. 38 |
| Parties | WILSON et al. v. NORTHWESTERN MUT. LIFE INS. CO. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Robert W. Patrick, for appellants.
Charles E. Dyer, A. B. Jetmore, and A. P. Jetmore, for appellee.
Before CALDWELL, SANBORN, and THAYER, Circuit Judges.
This is an appeal from an order confirming a master's sale, and overruling exceptions to his report thereof in a suit to foreclose a mortgage. It is assigned as error that the court below confirmed this sale over objection made and exception taken by the appellants on the ground that no notice of the sale had been published for at least four weeks before it took place. The third section of 'An act to regulate the manner in which property shall be sold under orders and decrees of any United States courts,' approved March 3 1893 (27 Stat. 751, c. 225; 2 Supp.Rev.St.p. 135), provides:
'That hereafter no sale of any real estate under any order judgment, or decree of any United States court shall be had without previous publication of notices of such proposed sale being ordered and had once a week for at least four weeks prior to such sale in at least one newspaper printed regularly issued and having a general circulation in the county and state where the real estate proposed to be sold is situated, if such there be.'
The first publication of the notice of sale in this case was made Friday, November 10, 1893; the second, Friday, November 17, 1893; the third, Friday, November 24, 1893; the fourth, Friday, December 1, 1893; and the sale was made Thursday, December 7, 1893.
In this act of congress the preposition 'for' in the clause 'for at least four weeks,' as is often the case when it is used with relation to periods of time, clearly means 'during' or 'during the continuance of.' 2 Cent.Dict.p. 2314, par. 15, under 'For'; Whitaker v. Beach, 12 Kan. 492, 493. Conceding that the day of the first publication, it is not difficult to demonstrate that this notice had not been published four weeks when the sale was made. A week is seven days. The first publication of this notice was November 10th; its publication for one week or seven days, could not have been, and was not, complete until 12 o'clock p.m., or midnight, November 16th; its publication for two weeks was not complete until midnight, November 23d; its publication for three weeks was not complete until midnight, November 30th; and its...
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