Thompson is not entitled to a deed from the sheriff for the three pieces of land, or either of them. Barker had purchased these parcels of land at the sheriff’s sale, for twelve hundred and fifty dollars; and Thompson now seeks to acquire his rights by paying about four hundred dollars, the amount of three judgments of the 6th of May, with interest and such costs and charges as are allowed by the statute. But this can only be effected by paying the full amount bid, and not the amount of any particular lien or incumbrance on the land (2 R. S. 370, § 45 et seq.). The sheriff sold the first piece of land on one of the three executions which had been issued on the judgments of the 6th of May, and on the execution in favor of Barker, issued on his judgment, which was junior to that of Thompson. This was the form of the sale; but the sheriff was bound to apply the proceeds of that sale, in the first instance, to satisfy the three executions on judgments of the 6th of May, before he could apply any part thereof on the Barker execution. Had this been done, the first three executions would have been satisfied by the proceeds of the piece of land first sold, and the two remaining parcels could only have been sold on the execution on the Barker judgment. The sale was conducted irregularly; but it is not now too late to correct what was done amiss, and secure to the several parties what they were entitled to. For this purpose the sheriff should satisfy the first three executions out of the money received by him on the sale of the first piece of
An order entered according to what has been stated, no costs allowed to any one on this motion.