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3 Johns. Ch. 74

Stackhouse v. Halsey

New York Court of Chancery

Decided October 24, 1817

New York Court of Chancery · decided 1817-10-24

BILL to set aside a sale of mortgaged premises, unde? a power contained in the morgtage. The cause was submitted on the bill and answer,

Cited in Abbott (1879)’s definition of “Month” · Anderson (1889)’s definition of “Month”

Decided 1817-10-24

¶1The single point was, whether the words of the statute directing the advertisement of the sale “once a week for six successive months,” meant calendar or lunar months.

The Chancellor

¶2ruled that lunar months were understood here, and in all" cases, in statutes, where months' are mentioned, and there is nothing in particular to indicate that calendaT months were intended, in contradistinction to the other. The cases of Lacon v. Hooper, (6 Term Rep. 224.) and of Talbot v. Linfield, (1 Wm. Blackstone’s Rep. 450.) were referred to. (a)

¶3 Vide Loring v. Halling, 15 Johns. Rep. 119. S. P. Leffingwell v. Pierpoint, 1 Johns. Cases, 100. Jackson v. Clark, 7 Johns. Rep. 217.

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