Ark. Code Ann. § 16-3-101 (2026)
Publication of required advertisements generally
- All advertisements and orders of publication required by law or order of any court, or in conformity with any deed of trust, or real estate mortgage, or chattel mortgage where the amount therein received exceeds the sum of three hundred fifty dollars ($350), or power of attorney or administrators' notices, to be made, shall be published in at least one (1) newspaper published and having a bona fide circulation in the county in which the proceedings are had, to which the advertisement or order of publication shall pertain.
- If there is no newspaper published in the county, then publication shall be made by posting five (5) written or printed notices in five (5) of the most public places in the county.
- If there is more than one (1) legal newspaper in a county, publication may be made in each newspaper.
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- As to amounts under three hundred fifty dollars ($350), written or printed notices may be posted in five (5) conspicuous places in the county.
- Notice shall be served in all cases upon the debtor as summons are served.
- This section shall not apply to warning orders governed by Rule 4(f) of the Arkansas Rules of Civil Procedure.
History. Acts 1891, No. 157, § 4, p. 269; 1893, No. 181, § 1, p. 329; 1899, No. 189, § 1, p. 333; C. & M. Dig., § 6807; Pope's Dig., § 8776; Acts 1969, No. 116, § 4; A.S.A. 1947, § 15-101; Acts 2003, No. 1185, § 37.
Case Notes
Authorized Newspaper.
The test whether a publication may be classed as a newspaper authorized to publish legal notices is whether the publication regularly carries a record of events of general interest to the public as a whole. Williamson v. Nixon, 187 Ark. 762, 62 S.W.2d 24 (1933).
A daily publication specializing in news relating to the courts and business transactions, having a yearly subscription rate, and carrying news of events of general public nature is a “newspaper” authorized to print legal advertisements. Williamson v. Nixon, 187 Ark. 762, 62 S.W.2d 24 (1933).
Compliance Presumed.
Where the record recited that notice was given in the manner prescribed by law, the presumption, in the absence of proof to the contrary, is that there has been compliance with this section. Smith v. First Nat'l Bank, 119 Ark. 235, 177 S.W. 895 (1915).
Contracts.
This section does not prohibit parties from contracting in regard to the manner of advertising mortgaged property for sale in case of default in payment of the debt. Clark v. Wommack, 192 Ark. 895, 95 S.W.2d 891 (1936).
Discretion of Court.
The time and place and notice of sale under this section are within the discretion of the trial court. Brown v. Merchants & Planters Bank & Trust Co., 202 Ark. 684, 152 S.W.2d 548 (1941).
Irregularities Cured.
After confirmation of sale, any irregularities of notice will be cured. Carpenter v. Zarbuck, 74 Ark. 474, 86 S.W. 299 (1905); Simmons v. A.C. Carter & Co., 125 Ark. 547, 189 S.W. 176 (1916).
Sufficiency of Notice.
Where a county has two judicial districts, a tax sale will be held invalid when the land lies in one judicial district and is advertised for sale in a newspaper published in the other judicial district. Wolf & Bailey v. Phillips, 107 Ark. 374, 155 S.W. 924 (1913).
Where a deed of trust given upon land was less than $300, in a proceeding to foreclose, the requirements were met by the trustee where he gave notice by publication in a newspaper only. Wilkinson v. Hudspeth, 134 Ark. 132, 203 S.W. 263 (1918).
Foreclosure sale under deed of trust held void for the reason that no service was had upon the debtor as required by subsection (e) (now subdivision (d)(2)) of this section. Hunt v. Boyce, 176 Ark. 303, 3 S.W.2d 342 (1928).
Cited: Yell County v. Wills, 83 Ark. 229, 103 S.W. 618 (1907); Gleason v. Boone, 123 Ark. 523, 185 S.W. 1093 (1916).