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56 Mich. 329

Bacon v. Kennedy

Michigan Supreme Court

Decided April 10, 1885

Michigan Supreme Court · decided 1885-04-10

<p> Notice of foreclosure sale. </p> <p>A statutory foreclosure sale must not be made for twelve full weeks after the first publication of notice thereof: twelve weekly publications before sale do not of themselves make the sale valid.</p>

Relies on Gantz v. Toles

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1885-04-10

How this case has been cited

Cited by 15 later decisions — most recently April 1995

1 federal appellate · 14 state decisions

40188518901900191019201930194019501960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Campbell, J.

¶1The only question in this case is whether a statutory foreclosure is valid where the sale was made on a notice which, although published twelve times in separate weeks, provided for selling on a day less than twelve weeks from the first publication. The statute does not say that notice shall merely be published twelve times, once a week, but once a week “ for twelve successive weeks.” The object of this was manifestly to give that full interval between the first notice and the sale. Such was the basis of the decision in Gantz v. Toles 40 Mich. 725; and the same principle has been applied in other cases, some of which were referred to on the argument.

¶2As the court below so held, the judgment was correct and must be affirmed.

The other Justices concurred.
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