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BELL SILVER & COPPER MINING CO. V. FIRST NAT. BANK, 156 U. S. 470 (1895)

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U.S. Supreme Court

Bell Silver & Copper Mining Co. v. First Nat. Bank, 156 U.S. 470 (1895)

Bell Silver and Copper Mining Company

v. First National Bank of Butte

No. 153

Argued January 16-17, 1895

Decided March 4, 1895

156 U.S. 470

Syllabus

A provision in a deed of real estate in trust to secure the payment of a debt, which authorizes the trustee to sell the property at auction on breach of condition, first giving thirty days' notice of the time and place of sale by advertising the same for three successive weeks in a newspaper, is complied with so far as respects notice by publication of such note for three successive weeks, the first publication being more than thirty days before the day of sale.

If such notice describes the property to be sold in the language of the mortgage, it is sufficient.

A trust deed in the nature of a mortgage may confer upon the trustee power to sell the premises on default in the payment of the debt secured by the deed, and a sale thereunder, conducted in accordance with the terms of the power in the deed, will pass the granted premises to the purchaser on its consummation by conveyance, and this rule obtains in Montana notwithstanding the provisions in § 371 of its Revised Statutes.

The case is stated in the opinion.





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