From Wake.
The lien created by an execution is continued by an alias regularly issuing thereon; and if an execution, at the instance of another Plaintiff, issue after the lien of the first has commenced, and before execution is fully done under it, the alias come to the Sheriff’s hands, it shall have the preference.
This was a case agreed as follows: the Plaintiff, David Brasfield, at the November Sessions 1820, of Wake County Court, obtained a judgment against one Mark Cooke, for g390 34, with interest, &c. and costs. Upon this judgment, the Plaintiff sued out a writ offi. fa. returnable to February term of Wake County Court, 1821, directed to the Sheriff of Wake, which in due time came to the hands of the Defendant, then Sheriff of the said County, and which was returned by him endorsed, “nothing to be found.”
Plaintiff then sued out an alias fi.fia. returnable to the May Sessions of the same year, which came to the Defendant’s hands on the 6th' of March 1821, and was returned, “ nothing to be found.”
At February Sessions 1821, of Wake County Court, Hutchins G. Burton recovered a judgment against Mark Cooke for 82512 99, on which a. fi.fia. issued, returnable to May Sessions 1821, which came to the Defendant’s hands on the 1st of March 1821. On the samoday, the Defendant levied on a lot and improvements in Raleigh, belonging to Mark Cooke, and afterwards,'on the 27th of April, in the same year, sold the same as Sheriff, for guoo, and applied the purchase money to Burton’s execution.
The case as above stated, was submitted to Paxton, Judge, who gave judgment for the Plaintiff for the whole amount of his debt, interest and costs. Whereupon Defendant appealed.
Badger <$• Hawks, for appellant.
Haywood, for appellee.
delivered the opinion of the Court:
Brasjidd’s execution was a lien on Cooke's property, and that lien was continued by the alias execution which |sgne(j regUia|.]y after it.
Burton's execution issued after this lien commenced, and execution was not done fully under it, before Bras-field’s alias execution came to the bauds of the Sheriff.
Brasfield’s execution had the preference, and should have been first satisfied.
JUDGMENT AEEIRMED.