| Iowa | Oct 20, 1885
The horse was purchased by the defendant Haynes for $655.75. This was enough to pay the debt and costs, and leave a balance of nearly $500. The plaintiff was absent at the time of the sale. Upon returning and hearing of the sale he offered to pay Iiayues the amount of his bid and $100 more if he would relinquish the horse, but Haynes was unwilling to do it. The plaintiff then went to the sheriff, who held for him the balance of the proceeds of the sale, and received from him a part thereof, and directed a part to be paid to one Webster, who, we infer, was a debtor of the plaintiff, and was setting up some claim to the money by way of attachment. A few days later the plaintiff brought this action to set aside the sale, alleging a fraudulent collusion between Haynes and Gillispie, the mortgagee, and alleging also that the sale was irregularly and illegally made. The court below, without ruling expressly upon the questions of fraud and illegality, held that the plaintiff' estopped himself from setting up the same by accepting the proceeds of the sale. The plaintiff denies that any estoppel arose from his acceptance of the money, because he says he had offered to pay Haynes the full amount of his bid and more, and accepted the money with the view of paying it to him if he would take it. He also says that at the time he accepted the money he did not have full knowledge of the facts which rendered the sale invalid.
We are well satisfied that neither Haynes nor Gillispie was guilty of any attempt to defraud the plaintiff. As to the
The judgment of the circuit court must be '
Affirmed.