Erom the circuit court of Lamar county.

Hon. William H. Cook, Judge.

O’Connell, appellee, was plaintiff in the court below; Davis, appellant, was defendant there. The suit was an ejectment to recover lands purchased by the plaintiff at a sale under a deed of trust executed by defendant and his wife to the trustee in March, 1906, before the Code of 1906 became operative. The deed of trust provided that sale thereunder should be made af fcc r ten days’ notice of the time and place of sale, and the terms of the deed in this respect were followed by the trustee. Defendant contended that the trustee’s sale was invalid because not advertised according to the provisions of Code-1906, § 2772. The court below decided for plaintiff and defendant appealed to the supreme court.

Code 1906, § 2772, is in these words: — >

“2772. (2443) How lands sold under mortgages and, deeds, in trust (Laws 1896, ch. 108). All lands comprising a single tract, and wholly described by the subdivisions of the governmental surveys, sold under mortgages and deeds of trust hereafter executed, shall be sold in the manner provided by section one hundred and eleven of the constitution for the sale of lands, in pursuance of a decree of court or under execution. All lands, sold at public outcry under deeds of trust hereafter executed,, or other contracts hereafter made, shall be sold in the county in which the land is located, or in the county of the residence of the grantor, or one of the grantors in the trust deed, provided that where the land is situated in two or more counties, the parties may contract for a sale of the whole in any of the counties in which any of the land lies. Sale of said lands shall be advertised for three consecutive weeks preceding such sale, in a. newspaper published in the county, or if none is so published,, in some paper having a general circulation therein, and by posting one notice at the court-house of the county where the land is situated, for said time. No sale of lands under a deed of trust or mortgage shall be valid unless such sale shall have been advertised as herein provided for, regardless of any contract to-the contrary. An error in the inode of sale such as makes the sale void will not be cured by any statute of limitations, except, the ten years statute of adverse possession.”

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