
    SARAH I. SLATER v. MAY D. TAYLOR.
    
    January 14, 1910.
    Nos. 16,465—(204).
    Foreclosure oí Mortgage — Notice oí Sale.
    The omission in a notice of foreclosure of a real estate mortgage of the letters “a. m.,” following the hour set for the sale of the property, held, in view of the fact that the statutes require all such sales to take place “between 9 o’clock a. m. and the setting of the sun,” not fatal to the validity of the foreclosure. The notice sufficiently indicates the hour of the sale to be 10 o’clock in the forenoon.
    Action in the district court for Hénnepin county to set aside the certificate of sale upon foreclosure of a certain mortgage by advertisement and all the foreclosure proceedings. The complaint alleged that the notice of sale and all proceedings by virtue thereof were void in that the notice of sale did not set forth the time and place of sale according to law. From an order sustaining defendant’s demurrer to the complaint, Dickinson, J., plaintiff appealed.
    Affirmed.
    
      John J. McHale, for appellant.
    
      G. 8. Deaver and William II. Eallam, for respondent.
    
      
       Reported in 124 N. W. 3.
    
   HER CURIAM.

Action to set aside the foreclosure of a real estate mortgage. Plaintiff appealed from an order sustaining a general demurrer to the complaint.

The only defect in the proceedings complained of by plaintiff is found in that part of the notice of foreclosure naming the hour of the sale. The notice contains the information that the sale will take place at the-sheriff’s office in the city of Minneapolis, “on the 6th day of July, 1908, at 10 o’clock thereof.” The point made is that. the hour is not indicated as a. m. or p. m. The statutes of the state require all foreclosure sales to take place “between 9 o’clock a. m. and the setting of the sun,” and it must be assumed that the hour stated in the notice was intended to be. within these limitations, for a sale could not lawfully be held at ten o’clock at night. The omission of the letters “a. m.,” or'the word' “forenoon,” in the notice, was not fatal.

Order affirmed. 
      
       R. L. 1905, § 4462 [Reporter].
     