Knight

This motion relates to proceedings which stem from a judgment issued in an action some seven years ago in the District of Columbia for a breach of contract. That judgment was registered in this District and, pursuant thereto and upon due issuance of an alias writ of execution, a sale of certain real property was conducted by the United States Marshal. At the sale the plaintiff bid $45,500 for the property. At this date none of this sum has been paid to the Marshal nor will the real property sold at the execution sale be finally deeded to plaintiff until one year from the date of the sale which was conducted February 3, 1959.

The defendant seeks a declaration by the Court that the judgment has been satisfied, that the plaintiff’s bid exceeds the amount due on the judgment by approximately $5,700 and ordering the Marshal to pay that sum to the defendant. In the alternative, defendant moves for an order setting aside the execution sale.

It appears that plaintiff’s bid was equivalent to that sum plaintiff considered was then owing to him on the judg *384 ment. In arriving at that sum the plaintiff calculated the interest at 7%, which is the legal rate of interest in California, and…