Page:Federal Reporter, 1st Series, Volume 6.djvu/284

 272 FBDBBAL REPORTER. �aequent Judgment creditors who had Bued out and levied exe- jutions within one year. In that case there was but a single piece of land levied upon by the several executions. �Tbe second case is that of Patton v. Sheriff of Pickaway Co. 2 Ohio, 396, in whieh it was held that when a levy is set aside parties stand in the same situation as if no levy had ever been made ; and where such levy had been made within the year upon a senior judgment and set aside, it lost its lien as against a junior judgment which had been levied within the year. �The next case is that of Earnjit v. Winans, S Ohio, 135, in which it was held that the statute which restrained a levy upon the property of the suret]^ until that of the principal was exhausted did not operate to preserve the lien of a judg- ment upon which execution had not been levied within the year, and a junior judgment upon which execution had been levied within the year was held to be the prior lien. �The next case is that of Shiiee v. Fergmon, 3 Ohio, 136. From the statement of facts in that case it appears that the Bank of the United States obtained a judgment against Pur- geson and others on January 8, 1822, in the circuit court of the United States for the district of Ohio, and on August 20, 1823, caused an execution to be levied on a quarter section of land of the defendant Ferguson, by the sale of which, on an older judgment, a surplus was produced. The Lebanon Banking Company obtained a judgment against Ferguson and others in August, 1823, but did not cause execution to be levied upon the land upon which the first execution was levied. Hansburger and Selley, in May, 1823, obtained judgment by attachment against Ferguson as a debtor of the Lebanon Bank, and also obtained an assignment of the judgment in favor of that bank against Ferguson, and on December 23» 1826, caused execution to be levied on the land in question. Thomas Shuee obtained a judgment against the same defend- ants on December 24, 1825, and caused an execution to b© levied upon the land in question on the twenty-third of December, 1826. I. Emlin obtained a judgment against the same defendants on December 24, 1825, and caused an exe- ��� �