13 Johns. 533 | N.Y. Sup. Ct. | 1816
Both parties claim title to the premises in question, under judgments against Gilbert Benedict, in whom the title is admitted to have been duly vested, The judgment under Which the lessor of the pláintiíí claims was first dpcké.ted 5 pnd, admitting that, in ordinary cases- between judgment eredi.tOrs, this would give it priority*' yet, under the circurnslanceS of this case, it must ,be postponed, and preference given to -thé second judgment. On the first-judgment, which was -obtained in this court, a ca:ia. was issuedpand the defendant, Gilbert Benedict, was arrested and imprisoned thereon. Whilst he was so imprisoned* a fi. fa. was issued on; the second judgment, which
Judgment of nonsuit: