Silbernagel v. Douglas , 1 Gunby 62 ( 1885 )

Gunby, J.

Under C. P. 722, a seizing creditor acquires a privilege on the property seized, and a subsequent creditor, by payment of such creditor’s judgment, is legally subrogated to such privilege. C. C. 2161.

2. But if the sale takes piece under a subsequent seizure, and before the day of sale the first fi. fa. has expired, all rights gained by the seizure thereunder are lost.