
    *Vandenburgh against Briggs.
    UTICA,
    August, 1827.
    The supreme court will not set aside a sale of land on fi. fa. and order a resale, on the ground that the plaintiff's agent bid less for it than he was instructed to bid by his principal.
    The defendant’s land being about to be sold on a fi. fa. in this cause, the plaintiff instructed his attorney to bid ‘$150. The attorney being absent at the day of sale, left these directions with his clerk, who bid only $75: the judgment being $187.
    The plaintiff, apprehending that other judgment creditors would redeem.
    A motion was now made to set aside the sale; and for a rule upon the sheriff to re-sell.
   Curia.

It is unfortunate for the plaintiff, that the premises were sold so low. But we cannot relieve him on this motion. Other and junior judgment creditors (if any) have acquired rights of which we cannot deprive them; rights to redeem. We denied a similar motion in a like case, several terms ago.

Motion denied.  