Graff v. Kip

A revival of a judgment by scire facias creates no new lien. It merely makes an execution regular. Afcer-judgments gain priority when the -ten years have run out.

A question came up in this cause between two in relation to a fund in court arising fron~ real ~state as to which had a preference. The first judgment, in the supreme court, was docketted against Samuel Kip on the ninth day of Juno one thousand eight hundred and twenty, on behalf of Nicholas Fish, executor of Stuyvesant; and it was revived by scire facias in or about the month of February one thousand eight hundred and thirty-one. The other judgment, in the same court, was docketted on the ninth day of March one thousand eight hundred and thirty-one against the same party at the suit of Samuel Kip the younger. The master reported that the judgment in favor of Mr. Fish ceased to be a lien upon the equity of redemption mentioned in the pleadings on the ninth day of June one thousand eight hundred and thirty as against incumbrances subsequent thereto ; and that the judgment recovered by Samuel Kip the younger had preference and priority over the one obtained by Fish. This point now came before the court on exception to the report.