Page:United States Reports, Volume 1.djvu/390

Rh 

1788.

which the Plaintiff had applied firft to the difcharge of the arrearages of intereft; whereas he infifted, that it ought firft to have been deducted from the principal debt.

But SHIPPEN, Preʃident, faid, that the practice had been otherwife; and he though with great reafon and propriety. He remember to have heard of an old decifion when Logan was Chieƒ Juʃtice, in which it was exprefsly fettled, that money paid on account of a bond, fhould firft be applied to difcharge the intereft due at the time of the payment, and the refidue, if any, credited towards fatisfaction of the principal. By this rule, the Gentlemen of the But had uniformly governed their calculations before the Revolution.

Lewis, for the Plaintiff, infifted that the practice was the fame at the prefent day, and appealed to the Attornies in Court, who confirmed his affertion. 

OREIGN Attachment.– The Defendant's intereft being attached in a Shallop, Levy, after filing a pofitive affidavit of the debt, moved, at the firft term, that the Shallop might be fold, as a perifhable commodity: And the motion was accordingly granted. 

HERE was an agreement filed in this action to refer the matter in difpute to one Levis ; but in the official rule, by miftake of the Clerk, the named inferted was Lewis.

After report, Sergeant moved to amend the rule by the agreement filed: and leave was according given. 

had been a levy upon lands by virtue of a Fi.ƒa iffued in this cafe, returnable to the prefent term; and now, on Levy's motion, the inquifition, which had been held upon the value of the lands, was quafhed.

It then became a queftion, whether a new Fi.ƒa muft be iffued; or whether the Sheriff might proceed, after the return of the former writ, to take a new inquifition without further procefs?

SHIPPEN,Preʃident.– I cannot perceive any thing in the act of Affembly which precludes the Sheriff from holding an inqueft after the return of Fi.ƒa ; and I have always underftood it to be the Rh See ant. 124