A 2 FEDERAL Rmromnn. V
ferred to the insolvency court, in which defendant’s insolvency proceed-
._ ings were then pending, and cumulating that suit with those proceed-
- ings, was not a participation in the insolvency proceedings in such a
manner as constituted an assentr {Prof. Parsons (2 Pars. Cont. 536)
t· _ states the test to be " whether the creditor has assented to the relief or ~
discharge of the debtor expressly, or by some equivalent act, as becom-
1ng a party to the process against him under the law, taking a dividend
pp and the like."_ ..  
In this case the question is, "Did the creditor do anything, or derive
aniyv¤·`gadvantage,·’ underor by virtue of the insolvent proceeding?" I
think "he did not.' He followednp his rights preciselyas he could have
done without any insolvent law. He proved no claim. He received
‘ no dividend. His condition was ip no respect changed from what it
would have been if there had been no insolvent proceedings. He can-
not be held to have impliedly assented to defendant’s discharge.
Let the exception beoverraled.   2 _. i   _ »_
V; ' -—     ~ i `HSLYFIli`.I.|Q AQ.-iHEA,LY.V ~
· v' , `_ _,  Ozirpuit Uqurt,   QD. Iouia, `O1 D. January Term, 1886.) A
1. Tax Saint-TPnmon ron Rm>mri·rio;w5¥·Nor1cn or EXPIRATION—AFFIDAVIT or-
Snnv1cn—Lm1rArroN. ° · ‘ ‘ ` ‘ ’ · p
Before the issuance of a county treasurer’s deed of lands sold for taxes an
aflidavit that notice had been dgiven to the owner of the expiration of the pe-
riod for redemption was file , which was defective in that the seal of the
notary was not attached to the jurat. Held, thatjthe defect was capable of
· being remedied, and that the lapse of ilveyears would operate as a bar to ques-
tion the validity of the deed, under Code Iowa, § 902, providing that "action
for the recovery of real property sold for non-payment of taxes must be
‘° br-o°ught*witl1in nve years from the execution of the treasurefs deed. " .
, 2. S n—-Acrrozv ron REDEMPTION—LI]@ITATIOLI. g i ,
nllode Iowa, § 902, providing that an action for the recovery of real estate
sold for nompayment of taxes mustbebrought within five years from theex-
° ecution of the treasurer's deed, cannot be set up as adefense to an action for
redemptionjrom a tax sale, where notice of the expiration of the period of re-
demption   not been given to the actual owner of the land as required by
In Equity`. i =Bi1l’to redeem certain realty from; tax sale, and to quiet.
title.   v.»r ¢·  i ~ ..i = . i .
A.   Call and Geo. E. Clarke, for complainant. 1 . ‘ V`
W1~aght‘ &j=.Fa.rrbll,. fordefendant., F   _ · , ' ,
Smnas, J. Complainant seeks in this cause a decree to the effect that
heis entitledto redeem two pieces of realty from tax sales, and prays that
the tax deeds ;e‘xe_cnted by the treasurerof Palo Alto county be set aside,
and complainantfs title be quieted thereto. The case is submitted on a `
stipulation setting forth the facts, from which it appears that complainant
is the owner of the fee title to the S. W. J; of N. W. l of section 11, town-