89-1-57 - Deed of trust or mortgage; how sale made when terms not specified.
§ 89-1-57. Deed of trust or mortgage; how sale made when terms not specified.
If a deed of trust or mortgage, with a power of sale, be silent as to the place and terms of sale and mode of advertising, a sale may be made after condition broken, for cash, upon such notice, and at such time and place as is required for sheriff's sale of like property. But all such sales shall be made in the county where the land is located, or in the county of the residence of the grantor or one of the grantors, provided that where the land is situated in two or more counties, the parties may contract for a sale of the whole, or any part thereof, in either county in which a part of the land lies.
Sources: Codes, 1880, § 1237; 1892, § 2484; 1906, § 2821; Hemingway's 1917, § 2322; 1930, § 2169; 1942, § 891; Laws, 1896, ch. 109.