San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1886-11-26
Judicial Sales Should be Advertised in
Newspapers.

! judicial Sales Should be Advertised in
Newspapers.
Editor san Antonio LIGHT.
The statute Of Texas, which forbids
! the sheriff to advertise in a newspaper
| sales TO satisfy executions In his hands,
! Is as unjust rs IL Is absurd. Ii works
| great Injustice 10 defendants In eXeCu-
| ton who are already financially pushed
| TO the wall and ut the end OF their
| tether. That IL is to the interest OF the
| defendants whose property Is 10 be sold,
that it should fetch the highest price
| obtainable, is self-eVident proposition.
| This result would not work the least in
Jury to the creditors on whose account
the property is to be sold.
Now, now can property levied upon
under execution, be made TO fetch the
highest price under the circumstances
atten ling forced sale? | Undertaking
ly answer bygiving the utmost publicity
possible to the time, place and terms OF
sale, AS by this means the number of
bidders will be increased, and we all
know what brisk competition and
lively rivalry between bidders, anxious
to buy, does at an auction sale. The ad-
Yertising Of sales of land in a newspaper
frequently draws bidders from distant
counties and causes the land TO sell for
higher price than Ii would do otherwise.
When property IS only advertised by
posting written notice on board, at the
courthouse door, half the people OF the
county are profoundly ignorant II the
intended sale. Ii would be nearer to the
truth to say that not One-tenth OF the
people Of the county know OF such IN
tended sale. OF course, people in the
adjacent counties are equally Ignorant
Of the sale. What is the inevitable ef-
feet of this imperfect notice OF judicial
sales The bidders are few and the
land usually is sold at sacrifice.
The law should not deliberately add to
the disadvantage inFepGrabIe from forced
sales IF property, but 1t should endeavor
to make property that is sold at forced
sale bring the highest price OOtalnaOle.
under the circumstances. This Is but
sheer justIC to debtors, and yet II lnnlcts
no injury upon creditors. Publicity of
notice OF sale is most likely 10
attract bidders, and the larger the
rumbrr Of bidders, the greater is the
probability that properly will fetch a
price. Ii is needless to say that post
ing a written notice at the courthouse
door, is, in effect, no advertisement at
all. A sale. chat is advertised in a
newspaper, is read by all that read the
paper in which it is published, whether
they live in or out of the county where
the property is to be sold.
The existing statute law respecting
the mode of advertising property to be
sold under execution. is unjust and
foolish, and really looks as though it
had been designed to operate as q blow
at the newspapers. Most clearly 1t
should be amended so as to require such
sales to be advertised for four cOnsecu-
tive weeks in newspaper, where one
is published in the county.
The Legislature might make 1t the
duty of the sheriff where two or more
newspapers are published in a county,
to advertise in the paper offering to in
sert such advertisement at the lowest
price, or it might fix the maximum
price. JEREMY BENTHAN.