Halleck v. Moss

Citations

• 17 Cal. 339

Syllabus

<p>A sale by the executors of the personal poperty of an estate is invalid, if the notice of the sale be by publication in a newspaper, unless there be an order of Court directing such publication. The statute (Wood’s Dig. 406, 153) requires notice to be given by posting in three public places, or by publication if the Judge so order. In the absence of such order, the notice must be given by posting.</p> <p>A sale by executors of the personal estate of their testator, upon insufficient notice thereof, is voidable, at least, if not void.</p>