A case was also filed for the opinion of the court, on a rule to bring into court, the money proceeding from the sale made by the sheriff.

On the 29th July 1798, the defendant, Murray, executed to the plaintiff, Welch, a bond in the penalty of 2500 dollars, with a warrant of attorney to confess judgment; by virtue of which warrant, judgment was signed in the Supreme Court in favour of the plaintiff against the defendant, on the 7th August 1798, for the penalty of the bond. The declaration was entitled, and the judgment entered as of the preceding March term.

On the 2d August 1798, the defendant executed to Catharine Ewing, a bond in the penalty of 240 dollars, with a warrant of attorney to confess judgment; by virtue of which warrant, judgment was entered in the Court of Common Pleas, for the said Catharine Ewing against the defendant on the 3d August 1798. The declaration was entitled, and the judgment entered as of the preceding June term.

Welch took out execution, and sold the defendant’s real estate ; and the proceeds being insufficient to satisfy both judgments, the question for the opinion of the court is, whether the said Catharine Ewing is entitled to be paid the amount of the judgment by her entered, before payment is made to the said Welch ?

Welch. The only question is, which judgment has the priority in law?

Judgments at common law, between subject and subject, relate no farther back than the first day of the term in which they were recovered, in respect of the lands of the debtor. And now by the statute of frauds, 29 Car. 2, c. 3, the judgment shall not bind the land in the hands of a bona fide purchaser, but only from the time of signing the same. 3 Bl. Com. 420. At common law, every judgment entered in vacation, relates to the first day of the preceding term. A statute acknowledged on the 22d * on * January between the essoin day and the first day of full 9 J term, was postponed to a judgment confessed on the 23d Janúary. Stanford v. Cooper, Cro. Car. 102. S. C. Hutt. 95. S. C. Hetl. 72. S. C. 14 Vin. 616, pi. 6.

Every judgment entered before the essoin day of a term, is of the term precedent: but if entered after the essoin commenced, it is of the present term. 12 Mod. 519. 6'Mod. 191. Yelv. 35. Unless the contrary appears of record. 3 Burr. 1596. The reason is given for this relation. The term and vacation are considered as one day. 1 Wils. 39. Lord Porchester’s case is mentioned by Buixer, J. in 1 T. R. 117. There were two judgments ; but as they both referred to the same day, the court held, that the priority of one could not be averred.

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