Ex parte Lawrence

Headnote

A levy on perty™1 6uffi-^t0 jiatisf/ an extmguishy,dgm0nt

meut, therefore *°ab°sa tate, and the iüof^aa °nc fight, as such, dor the act Ch"

Toll obtained judgment against Chandler, and bid off Chandler’s land in Camillus, Onondaga county, on afi. fa. at $30, May 8th, 1823. Drake having a junior judgment for 82 55 against Chandler and one Hopping, assigned it to Lawrencé, who sued out a fi.fa. on which the sheriff made 43 dollars by a sale of Chandler’s personal property; and then levied on Hopping’s personal property to an amount sufficient to satisfy the fi. fa. and took a receipt for it. The sale of Hopping’s property was delayed from time to time, by Lawrence’s directions, till, in August, 1824, Lawrence claimed of the sheriff to redeem, as a judgment creditor of Chandler, the land sold, upon the senior judgment, to Toll; but the sheriff denied his right to redeem, and would not

receive the money, or-give a conveyance; .and in September last, he sold Hopping’-spersonal property, and collected the residue of Lawrence’s fi. fa. .pursuant to his directions.

A mandamus was now.mqved for,to the sheriff of Onondaga, commanding .Him to convey to Lawrence..