19 Iowa 444 | Iowa | 1865
The statute (Rev., § 3321) gives the purchaser a right to relief in such cases, where “ the judgment, on which the executor issued, was not a lien at the time of the levy, and this fact was unknown to the purchaser.”
The plaintiff has offered no evidence, nor is there any before us, showing the value of the lot. It may be worth both bids, or even both judgments, and, for ought we know, it was and is worth that amount or even a much greater one.
The plaintiff, therefore, has not established the main ground on which his motion rests, viz., that the Wilson judgment covered the full value of the lot, and that he will lose his $75 unless the sale be set aside. For this reason, not to allude to others that might be named, his motion must be denied.
Motion overruled.