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7 R.I. Dec. 154

Mello v. Lima

Superior Court of Rhode Island

Decided March 17, 1931

Superior Court of Rhode Island · decided 1931-03-17

Relies on Quinn v. McDole

Decided 1931-03-17

BLODGETT, P. J.

¶1Heard upon prayer of bill to set aside a sale under foreclosure of a mortgage held by respondent.

¶2Complainant contends that the notice of sale was not published for three successive weeks.

¶3Notice was published three times, viz.: December 27, 1930, January 3, 1931, and January 10, 1931. The condition of the mortgage deed as to a *155notice of sale is, “first publishing a notice of the time and place of sale once each week for three successive weeks such notice to be not less than twenty-one days before the day of sale.”

For the complainant: Max Levy.For the respondent: Moore & Curry.

¶4The notice appeared in a newspaper published in Fall River, Massachusetts, for three successive weeks, and the first publication was more than twenty-one days 'before the date of the sale.

¶5Complainant cites the case of Quinn vs. McDole, 28 R. I. 327, in support of his contention that the notice should have been published four times.

¶6The case cited does not sustain the contention of complainant, as in that case the condition as to publication was that same must be published for four successive weeks, and the Court held that meant that twenty-eight days must elapse from the date of the first publication to the date of the sale, and that only twenty-three days elapsed.

¶7Bill is dismissed.

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