
    BAGBY, Governor, &c. vs. REEVES, et al.
    1. When an execution is levied upon the lands of the defendant, and before the sale another execution issued on an older judgment comes to the hands of the sheriff, the plaintiff in the senior judgment is entitled to the proceeds of sale.
    Error to the Circuit Court of Pike.
    Tried before the Hon. John D. Phelan.
    The Branch of the Bank of the State of Alabama at Montgomery, recovered a judgment against lucien Reeves on the 27th November, 1841, for $430 fvV, on which execution regularly issued. Four other executions were subsequently issued at irregular periods on the same judgment, the last of which was issued on the 27th November, 1850.
    
      A. P. Bagby, Governor, &c., for tbe use of Pike County, obtained a judgment against Reeves on tbe 18tb September, 1843, for $448 TVo- Execution was regularly issued on this judgment, an alias and a plunes, tbe latter of wbicb, issued on tbe 7tb November, 1850, was levied on tbe lands of tbe defendant. Tbe land was sold by tbe sheriff, wbo at tbe time of tbe sale also bad in bis bands tbe execution in favor of tbe Branch Bank at Montgomery. Both parties claimed tbe money, and tbe sheriff brought it into court, and asked directions for its appropriation.
    Tbe court directed him to pay it to tbe execution in favor of tbe Branch Bank, and this is now assigned for error.
    MartiN & Baldwin, for plaintiff in error.
   LIGON, J.

There can be no doubt that tbe money arising from tbe sale of tbe lands levied on by tbe sheriff, was rightly appropriated by the judgment and direction of tbe court below. Tbe judgment of tbe Branch Bank was nearly two years prior in point of time to that in favor of tbe plaintiff in error. It created the first lien, and was consequently entitled to priority of satisfaction. Campbell v. Spence, 4 Ala. 543; Quinn v. Wiswall, 7 ib. 645.

Let tbe judgment be affirmed.  