26 Iowa 117 | Iowa | 1868
— The plaintiff claims that he is entitled to have the sheriff’s sale and deed set aside on various grounds. These we proceed to notice.
I.. For •variance between the execution and judgment.
II. Inadequacy of price:'
It is a sufficient answer to this objection to state that there is no evidence whatever in the record respecting the value of the lots.
III. Alleged failure to file transcript of judgment m Hardin county, in compliance with section 3219 of the Revision.
This is answered by the fact, that the record does show that such a transcript was filed in Hardin county on July 30th, 1860, prior to the date of the execution which issued from Johnson county, where the judgment was rendered. In the transcript filed in Hardin county there is no variance whatever between the amount of the judgment rendered in Johnson county and the amount stated in the transcript.
IY. Sale of the lots en masse.
Applications to set aside j'udicial sales for mere irregularities, ought not to be unreasonably deferred. Stewart v. Marshall, 4 G. Greene, 75.
In the present case the application was stale, leaving room for the inference of an acquiesence in the sale until a change in the value of the property had occurred.
Affirmed.