
    DODGE v. CASEY.
    May 22, 1835.
    
      Rule to show cause why an alias fieri facias should not be set aside.
    
    
      A fieri farias having issued on a judgment, a scire facias is not necessary to enable the plaintiff to have another execution, although more than five years have elapsed between the issuing of t he fieri facias and alias fieri facias. The act of the 26th of March 1827 relates solely to the limitation of the lien of a judgment on real estate.
    THIS action was originally instituted by capias to December terra 1826.
    October 8th, 1828; judgment was entered for the plaintiff de bonis ; amount to be settled by attorneys.
    June 3d, 1829 ; the amount of the judgment was settled at 3858 dollars 20 cents, subject to defendant’s discharge under the insolvent laws.
    A fieri facias issued on this judgment to September term 1829, and was returned nulla bona.
    
    This alias fieri facias was issued to June term 1835, and a levy was made- on the defendant’s personal property.
    This was a rule on the plaintiff to show cause why the alias fieri facias to June term 1835, should not be set aside.
    
      Bradford, for the rule,
    contended, that no execution could issue on this judgment, five years having elapsed since the issuing of the fieri facias to September term 1829, and no scire facias having issued to revive the judgment or to demand execution ; and relied on the act of the 26th of March 1827, Purd. Dig. 422.
    
      D. P. Brown and Ritiera, contra.
    
   Pee Curiam.

The act of the 26th of March 1827 relates to the limitation of the time when judgments shall be a lien on real estate: this case does not fall within any of its provisions. A fieri facias having been issued on this judgment, no scire facias is necessary to enable the plaintiff to have another execution and levy the same on defendant’s ‘personal property, although more than five years have elapsed between the issuing of the fieri facias and alias fieri facias.

Rule discharged.  