Currens v. Blocher

Citations

• 21 Pa. Super. 30
• 1902 Pa. Super. LEXIS 301

Syllabus

<p>Execution — Sheriff's sale — Notice—Advertisement—Computation of time —Week—Acts of June 16, 1836, P. L. 772 and July 2, 1895, P- L. 420.</p> <p>Under the provisions of the 63d section of the Act of June 16, 1886, P. L. 772, as amended by the Act of July 2, 1895, P. L. 420, requiring that notice of a sheriff’s sale of real estate shall be given by advertisement in two newspapers, “ once a week during three successive weeks previous to such sale,” a “ week ” is a common calendar week extending from Sunday to Saturday inclusive, and is not a mere period of seven days regardless of the day of beginning.</p> <p>While the act does not require that the first advertisement shall be published three full weeks before the sale, it does require that the publication shall be during three successive weeks previous to such sale; the notice of sale in this instance is the fact which must precede the time of sale. The period during which the notice must be given must have expired before the sale can be made. The officer has the whole of the last calendar week previous to the sale in which to publish his last advertisement, but he cannot cut short the period of notice required by the statute, by publishing that last notice upon the first day of the last week. The last publication is for the whole of the last calendar week, and until that week has expired the demands of the statute have not been met.</p>