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Editorial
January 17, 1873
Pioche Daily Record
Pioche, Lincoln County, Nevada
What is this article about?
Editorial advocates for Senator Cassidy's bill requiring newspaper ads for real property sales under execution, and suggests extending to non-perishable personal property to ensure fair notice and prevent fraud, citing an example of collusion via posted notices.
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SHERIFFS' SALES.
As before stated, a bill has been introduced by Senator Cassidy requiring sales of real property under execution, to be advertised in some newspaper published in the county in which the property is situated. While we are satisfied that the bill drawn by the Virginia Enterprise is a good one, and that its enactment would meet the ends of justice, we also believe, after comparing opinions with some of our readers, that certain kinds of personal property (that which is not perishable nor easily moved) ought also to have a better notice than by the posting of written notices. These written notices, even where the intention is good, oftentimes amount to no notice at all. They are liable to be blown down by the wind, or to be removed by design, accident or carelessness. A case in point was related to us yesterday, which occurred in another county in this State. A lot of cord-wood was seized for debt, and, although the forms of law were complied with by posting notices, by collusion between the plaintiff and levying officer the property was knocked down to the former at one-tenth of its value, and the unfortunate judgment debtor was subjected to a great hardship. If the law had required the sale to be advertised, no such loss would have been forced upon the defendant.
As before stated, a bill has been introduced by Senator Cassidy requiring sales of real property under execution, to be advertised in some newspaper published in the county in which the property is situated. While we are satisfied that the bill drawn by the Virginia Enterprise is a good one, and that its enactment would meet the ends of justice, we also believe, after comparing opinions with some of our readers, that certain kinds of personal property (that which is not perishable nor easily moved) ought also to have a better notice than by the posting of written notices. These written notices, even where the intention is good, oftentimes amount to no notice at all. They are liable to be blown down by the wind, or to be removed by design, accident or carelessness. A case in point was related to us yesterday, which occurred in another county in this State. A lot of cord-wood was seized for debt, and, although the forms of law were complied with by posting notices, by collusion between the plaintiff and levying officer the property was knocked down to the former at one-tenth of its value, and the unfortunate judgment debtor was subjected to a great hardship. If the law had required the sale to be advertised, no such loss would have been forced upon the defendant.
What sub-type of article is it?
Legal Reform
What keywords are associated?
Sheriffs Sales
Newspaper Advertising
Legal Reform
Property Execution
Notice Requirements
Collusion Prevention
What entities or persons were involved?
Senator Cassidy
Virginia Enterprise
Editorial Details
Primary Topic
Reform Of Advertising For Sheriffs' Sales
Stance / Tone
Supportive Of Enhanced Notice Requirements
Key Figures
Senator Cassidy
Virginia Enterprise
Key Arguments
Bill Requires Newspaper Ads For Real Property Sales Under Execution
Extend To Non Perishable Personal Property For Better Notice
Posted Notices Are Unreliable And Can Be Removed
Example Of Collusion In Cord Wood Sale Leading To Unfair Loss