
    GENERAL COURT,
    MAY TERM, 1803.
    Contee vs. Chew’s Executor.
    "Where the state and an individual have judgments against a deceased person, in the payment of the debts of the deceased by his executor, the judgment by the state has a preference» and is to bo paid first.
    Sciee facias upon a judgment obtained against the (estator in his life time at May term 1799. The defendant pleaded a prior judgment obtained by the State of Maryland against the testator in hislife time, at May term 1797', that lie had no assets in his hands more than sufficient to pay the debt due to the state upon the said judgment, and that the said assets were liable to the exclusive payment and satisfaction of. the debt due to the state, &c. General Hemurrer to the plea. Joinder in demurrer.
    
      Duckett, for the Plaintiff.
    
      Johnson, for the Defendant.
   The Generar Court overruled the demurrer, and gave judgment for the defendant. See 2 Harr. & M’Hen. 198. 3 Harr. & M‘Hen. 171.  