
    John Black v. Jane Steel.
    Columbia,
    Dec. 1829.
    The interest of one among several heirs or distributees of land is liable to levy and sale under execution against him. The extent of the decision in itabb®. Aiken, 2 M’C. Ch. 118, is, that the right of the co-distributees, to have the land sold for partition, is paramount to that of the judgment creditor of the distributee, and therefore, if a sale be made for partition before a sale under the execution, the lien of the judgment is lost,
    In trespass to try titles, brought by the purchaser, for land sold by the sheriff as the property of the defendant, under execution against him, it is no defence, that other persons are intitled with the defendant, as co-distribu-tees, and that no partition has been made of the land. The plaintiff having acquired a title to the undivided share of the defendant, is intitled to the possession held by him. vide O’Neal v. Duncan, 4 M’C. 246.
   Per Nott, J.

reversing the decision of Mr. Justice Gantt, at Columbia, Fall Term, 1829.

Colcock, J. and Johnson, J. concurred.  