Rhode Island General Laws 34-13-3. Affidavits as to acts under power of sale
Whenever any administrator, executor, guardian, receiver, sheriff, mortgagee or any person acting under a power of sale in any mortgage deed, deed of trust or other conveyance, sells or causes to be sold any real estate lying within this state, the title to which will in any manner depend upon notice of sale to be published in any newspaper, if the person or persons causing the sale to be made causes a copy of the advertisement, in pursuance of which the sale is made, to be attached to the deed given thereunder, together with his, her or their affidavit, or, if a corporation, the affidavit of its duly authorized officer, stating when, how many times and in what newspaper or newspapers the advertisement was published, and the manner, time and place of making the sale, the copy and affidavit shall be recorded with the deed to which they are attached, and the record thereof shall be prima facie evidence of the truth of the matters and things therein stated, but the omission of the copy and affidavit shall not affect the validity of the conveyance if otherwise valid.
History of Section.
G.L. 1896, ch. 202, § 15; G.L. 1909, ch. 253, § 15; G.L. 1923, ch. 297, § 15; G.L. 1938, ch. 435, § 14; G.L. 1956, § 34-13-3.
Terms Used In Rhode Island General Laws 34-13-3
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Executor: A male person named in a will to carry out the decedent
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10