Wilson v. Petzold

Decision Date24 November 1903
Citation76 S.W. 1093,116 Ky. 873
PartiesWILSON et al. v. PETZOLD.
CourtKentucky Court of Appeals

Appeal from Circuit Court, Jefferson County, Chancery Division.

"To be officially reported."

Action by Herman Petzold against E. W. Wilson and others to foreclose a mortgage. Lula Bently purchased at the sale, and from an order confirming the sale she and defendants appeal. Affirmed.

M. A D. A. & J. G. Sachs, for appellants.

Lieber & Lincoln, for appellee.


This action was instituted in the Jefferson circuit court in May 1902, by the appellee, Herman Petzold, to enforce a mortgage on real estate in the city of Louisville executed by the appellants E. W. Wilson and wife. Final judgment was entered October 25, 1902, directing a sale of the mortgaged property to satisfy the debt, and requiring notice of the sale to be given by printed handbills, and also by advertisements in the Louisville Evening Times for three consecutive days next preceding the day of sale, in compliance with the act of March 24, 1902 (Acts 1902, p. 213, c. 92). The advertisement was properly made by handbills, and was also advertised in the Louisville Evening Times on Thursday, Friday, and Saturday, November 6th, 7th, and 8th; and the sale was made November 10, 1902, thus excluding Sunday. One of the appellants, Lula Bently, became the purchaser at the sale but refused to comply, assigning as grounds therefor, first that the sale was not advertised for three days next preceding the day of sale, as required by law; second, that certain special tax liens existed against the property sold, the holders of which were not made parties defendant. The court, upon due notice, summarily ascertained these special taxes and liens under the statute (Ky. St. 1899, § 989), overruled the exceptions, and confirmed the sale.

The only question to be determined by the court upon this appeal is whether or not the publication of this advertisement of sale in the Louisville Evening Times on Thursday, Friday, and Saturday next preceding the day of sale, on Monday, was in compliance with the requirements of the statutes. It is contended by the appellants that it was not a compliance that the advertisement should have been in a Sunday issue, to have met the requirements, and the Louisville Evening Times, by reason of its not being published on Sunday, was and is not a daily paper. We are of the opinion that it was and is a daily paper,...

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5 cases
  • State ex rel. Winn v. City of San Antonio
    • United States
    • Texas Court of Appeals
    • 27 Mayo 1953
    ...not prevent it from being a daily newspaper. Puget Sound Publishing Co. v. Times Printing Co., 33 Wash. 551, 74 P. 802; Wilson v. Petzold, 116 Ky. 873, 76 S.W. 1093. We next consider appellants' contention that the action of the governing body of the City of San Antonio was unreasonable and......
  • State ex rel. Item Co. v. O'Neill
    • United States
    • Louisiana Supreme Court
    • 3 Noviembre 1941
    ... ... v ... Times Printing Co., 33 Wash. 551, 74 P. 802; First National ... Bank of Parsons v. Kennedy, 98 Kan. 51, 157 P. 417; Wilson v ... Petzold, 116 Ky. 873, 76 S.W. 1093; Richardson v. Tobin, 45 ... Cal. 30; and City of El Paso v. Ft. Dearborn National Bank, ... [198 La ... ...
  • State ex rel. Item Co., Limited v. Commissioner of Public Finances of City of New Orleans
    • United States
    • Louisiana Supreme Court
    • 30 Agosto 1926
    ... ... 51, 157 P. 417, it was held that a ... newspaper may be a daily paper, though not published on ... Sundays or legal holidays. See, also, Wilson v ... Petzold, 116 Ky. 873, 878, 76 S.W. 1093, and ... Richardson v. Tobin, 45 Cal. 30 ... In ... Ruling Case Law, vol. 20, p. 206, it ... ...
  • Beaufort v. Warwick Credit Union, 79-160-A
    • United States
    • Rhode Island Supreme Court
    • 15 Diciembre 1981
    ...giving of legal notice, is used in contradistinction to such terms as "weekly newspaper" or "semiweekly newspaper," Wilson & Co. v. Petzold, 116 Ky. 873, 76 S.W. 1093 (1903); other courts have held that in its popular sense the term "daily newspaper" can refer to a paper that is published s......
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