Jones v. Pratt

HENRY, Associate Justice.

—This suit was brought by appellant to set aside a sale under execution of a tract of land, on account of irregularities and the inadequacy of the price for which it was sold. The cause was tried without a jury. In a motion for new trial the plaintiff tendered back to the defendants the amount of purchase money paid for the land, "with interest and costs, and offered excuses for not having made such tender before judgment.

Under the view that we take of the case it becomes immaterial to consider whether the delay in offering to return the purchase money was…