Appeal from Judgment — Dismissal.—An appeal from a judgment not taken until nearly two years after the judgment was entered will be dismissed.

Review on Appeal — Nonsuit — Error of Law — Exception—.Specification of Insufficiency of Evidence. — An error in granting a non-suit is an error of law, and if excepted to and specified as such may he reviewed, without any specification of the particulars in which the evidence was insufficient.

Rescission of Conveyance — Auction Sale by Assignee of Insolvent—. Conspiracy to Prevent Competition in Bidding — Unreasonable Delay — Knowledge of Assignee — Pleading — Nonsuit. — Where an action is brought by the assignee of an insolvent debtor to. rescind and set aside a conveyance of lands of the insolvent sold at auction by the assignee, on the ground that the property was bid in at a grossly inadequate price, and that the purchaser at the sale had conspired with others to prevent competition in bidding, of which the assignee had no knowledge at the time of the sale, a delay of about one year and a half in bringing the action is unreasonable and fatal to the action, where there is no averment in the complaint that during that time the assignee did not have such knowledge, and there is no offer to amend the complaint, although the point is made on motion for a nonsuit that there is no such averment or proof.

Id. —Sufficiency of Evidence — Nonsuit.—The fact that there is sufficient evidence to establish prima fade the alleged agreement to prevent competition at the sale is not alone sufficient to sustain plaintiff’s ease for a rescission of such conveyance, and it is not error to grant a motion for a nonsuit where there is a failure of other necessary averments and proofs to justify the recovery.

Id. — Prompt Rescission Necessary.—The first requisite of rescission is prompt action, and a party cannot wait until time shall determine whether the contract sought to be rescinded turned out good or bad; and this is particularly true in a new country, where values change rapidly.

Id. — Inadequacy of Price. —Mere inadequacy of price is not alone sufficient to warrant a court in setting aside a sale.

Id.—Pleading — Evidence — Notice of Rescission — Offer to Restore Consideration — Tender before Suit — Condition Precedent. — Where there is no averment or proof of a rescission of the contract, or of any attempt to rescind before suit, and no averment or proof of any tender or offer before suit to return to the vendee anything of value received from said vendee, such defect is fatal to an action to rescind a conveyance. An offer before suit to return the purchase-money is a condition precedent to the maintenance of the action, and it is not sufficient to aver a willingness and ability to return to the defendant all the moneys paid on the purchase of the property, and lawfully and legitimately paid out or expended on account of the purchase, and to offer to do so in the complaint.