Page:Federal Reporter, 1st Series, Volume 6.djvu/286

 274 FJEDEBAL BPPOBTEB. �6t appraisement on both of them set aside within six months, or such other time as that law required;" and the sixth assignment of error was "because the execution on the judg- ment of the Lebanon Bank was not levied on the mortgaged premises '-which were sold, nor any other of the defendant Ferguson's property, within one year after the rendition of said judgment, according to the provisions of the laws of Ohio at that time in force, and particularly of the statute of Feb- ruary, 1824." From this it appears that the question of there being a levy upon other property was brought directly before the court, and the record, therefore, shows clearly that the question was considered, and it was the fact in the case upon whieh the decision was based. The supreme court in that case says that they decided the following points : �"First, to take a case out of the operation of the seven- teenth section, (now 5415,) a levy must have been made on the property in question within a year after the rendi- tion of the judgment. A levy on other property, though within the year, will not save the lien as to the property not levied upon. Second, if there are several judgments, and the property in. question bas not been levied upon within the year under either of them, they stand on an equal footing, and the judgment crediter who iirst takes out execution and causes a levy to be made will. have the preference. Third, if execution on an older judgment bas not been levied upon a particular piece of property within the year, and an execu- tion upon a junior judgment has been levied upon that prop- erty within the year, the junior judgment must have the preference, aJthough a levy may have been made on the same property under the older judgment before the levy was made on the junior judgment. The lien of the junior judgment on ail the property not levied upon under the older judgment within the year must continue from one year from its date to the exclusion of the older judgment, provided the junior judg- ment was rendered before the levy was made on the older judgment. A levy on the older judgment, though after the year, if made before the date of the junior judgment, will baye the preference." ��� �