
    Mundorff against Singer.
    If an obligee in a bond obtain a judgment against the principal, and suffer it to remain, without revival, until the lien on his lands be lost, and afterwards sue the. surety on the same bond,' the latter cannot avail himself of the negligence of the plaintiff, as a defence.
    ERROR to the common pleas of York county.
    
      Scire facias upon a judgment obtained on an administration bond by John Singer, administrator of Emanuel Singer, against Martin Ebert, administrator of Peter Mundorff deceased, in which the following facts were given in evidence.
    Magdalena Singer, the wife of Emanuel Singer, died in 1805, leaving her husband, and letters of administration on her personal estate, were granted to George Stake, who, with Peter Mundorff and one Weiser, entered into an administration bond to the commonwealth, in 1500 dollars. In 1813 Stake settled an account in the orphans’ court, exhibiting a balance of 502 pounds 13 shillings and 4 pence, in his hands, which was confirmed. To recover this balance a suit on the administration bond was brought, for the use of Emanuel Singer v. Stake, to November term 1817, and on the 5th of April 1819, a judgment was entered for the penalty, on which judgment a scire facias was sued out to August term 1819, to which the sheriff returned nihil, and an alias scire facias to January term 1820, which was returned “made known.” An appearance was entei’ed for the defendant, and no further proceedings being had thereon, the lien of the said judgment on the lands of which George Stake was seised, on the day of its entry, was suffered to expire. These lands in York County, on the day of the said entry, were of the value of 1600 dollars, from the 1st of April 1813, to the 1st of April 1818; of 1500 from the 1st of January 1818, to the 1st of January 1820 ; and, at the present time, of the value of 1100 dollars. These lands were sold, on the 27th of December 1819, to Jacob Weaver, for 1750 dollars; afterwards a suit was brought on the said administration bond, Commonwealth for Emanuel Singer v. Martin Ebert, Administrator of Peter Mundorff, and judgment recovered thereon on the 15th of May 1829, for the penalty. On this judgment the present scire jadas was sued out. The defendant pleaded payment, and contended that the negligence of Singer, in suffering the lien on the land of Stake to expire, and not availing himself of the lien on Stake’s real estate, discharged the surety from responsibility.
    The court below (Durkee, President) charged the jury that the neglect of the plaintiff to revive the judgment against Stake and continue the lien, was not available to the defendant, as an exemption from his liability. Verdict and judgment for the plaintiff.
    
      Gardner, for plaintiff in error,
    cited Commonwealth v. Miller, 8 Serg. & Rawle 452; Reed v. Garvin, 12 Serg. & Rawle 103; Arrison v. The Commonwealth, 1 Watts 374.
    
      Lewis and Barnitz, contra,
    cited United States v. Simpson, 3 Penns. Rep. 437.
   Per Curiam.

It is impossible to distinguish this case from the United States v. Simpson, or to perceive an equity on which the surety might be discharged.

Judgment affirmed.  