Haynes

This is an appeal by a purchaser at a sale of property under foreclosure of a mortgage from an order setting aside the sale. Prom the affidavits used on the motion, the court below may have believed the following to be the facts in reference to the sale: The amount found due on the mortgage, including costs, was about $1,600; that the land was worth that sum; that plaintiff had instructed her attorneys to attend the sale, and in case no one bid more, or an equal sum, to bid for her the amount of the judgment and costs; that one of her attorneys, Cochran, was intending to carry out this instruction, and informed the deputy sheriff who had the matter in charge of that fact, and instructed the deputy, in view of the fact that the sale was fixed for Monday, which was law day, when he might be busy in court, that in ease he was not present to bid for his client the *711 amount due on the judgment; that the purchaser, or its agent, was well aware of plaintiff’s intention to bid the full amount of the judgment; that the defendant, who joins in the motion, inquired of plaintiff’s attorney as to his intention with reference to the sale, and on being informed that he would bid the amount of…