Hewitt

Motion on behalf of the appellants to set aside a sale of property made under the judgment at the instance of the respondent.

The court below rendered judgment in favor of the plaintiff and against the defendants for the sum of $3,149.60, the amount of the promissory note sued on, and $300 attorney’s fees, and directed that the lands mortgaged to secure the same be sold by the sheriff. From this judgment the defendants appealed to this court, but did not file an undertaking staying proceedings upon the judgment appealed from. After the appeal was taken, the plaintiff caused an order of sale to be issued upon the judgment, and at a sale thereunder, made August 8, 1890, purchased the mortgaged premises for the sum of three thousand dollars, which was credited upon the amount of the judgment. Upon the determination of the appeal in this court, the court below was directed “to modify the judgment by reducing the amount allowed for attorney’s fees to $125, as *619 of tlie date the judgment appealed from was entered,” and as so modified the judgment was to stand affirmed.

Section 957 of the Code of Civil Procedure provides: “When the judgment or order is reversed or modified, the…