Rosekrans against Hughson; Strong against the same; Kelley against the same

Rosekrans against Hughson. Strong against the same. Kelley against the same. Where land is sold >-pon a ■fn/to the ací¡ in addition to the act concerning- judgeciitions1*3 the several junior creditors, coming to redeem, do not take preference according to the time of redemption, hut according to the priority of their" respective liens. Accordingly, where A redeemed from the purchaser; B who had a judgment older than A’s, was afterwards allowed to redeem, upon paying to the sheriff the original purchase money and interest, without also paying A’s judgment. Judgment, for the plaintiff, in the first cause, was for $1339,08, and was docketed on the 28th Jan. 1822—in- the second, for $247,37, docketed on the 6th June, 1823— jn the last, for $291,70, docketed on the 14 th May, 1823. ■ „ - ' rr , ■ Under a fi. fa. on the first judgment, Jtlughson’s lands were sold to Roseicrans, the plaintiff, in that judgment, on the 24í7¿ of June, 1822, by the Sheriff of Orange. Strong, the plaintiff in the second cause, redeemed on the 17 th July, 1823 ; and qn the 10th Sept. 1823, Kelley, the plaintiff in the last cause came to the Sheriff and offered to redeem under his judgment, offering to pay the purchase money only, with the interest, as required by the act; and now, Oakley, at the request, and in behalf of the Sheriff, and JV. P. Tallmadge, in behalf of Mr. Kelley, submitted the question to the Court, to whom the deed should he given ? And the only question was, whether Kelley was bound to pay Strong's judgment, or was entitled to a deed of conveyance, on paying what he had offered. [MAJORITY — Curia.] Curia. Kelley is entitled to his deed, upon paying the purchase money only, with the interest required by the act. He need not pay Strong's judgment. Note. No rule was entered, but the Chief Justice returned the case submitted, to Mr. Oakley, who being present, and hearing the opinion of the Court, engaged to communicate it to the Sheriff.