another writ; (Ante, 44) but the principle does not extend to rights in equity: therefore, where an officer has in his hands any surplus money arising from such sale, he shall hold it subject to any other process on which the property is attached.---St. 1804, ch. 83--1819, ch. 87.

It is not necessary, as in the case of attaching goods, that the second officer should place his precept in the hands of the first attaching officer; it is sufficient that he give him notice of the time of the attachment, and a copy of the execution, and he will have a right to receive the surplus from the first officer. --16 M. R. 402.

The statute of 1819, ch. 87, which provides for cases of attachment of such property, directs that notice shall be given to the first officer in writing.

Two or more rights in equity of redeeming sev eral parcels of land from several mortgages, when sold on one execution, ought to be sold separately and for distinct sums, for the debtor has a right to redeem one without the other.---3 Pick. 250.

Where an officer seized a right in equity upon two executions, and sold it on one only, and applied the surplus of the proceeds to satisfy the second execution, it was held to be regular.---4 Pick. 277.

The sale of an equity need not be on the premises, nor is it necessary for the officer to make any entry into the possession, as his deed conveys all the right of the judgment debtor. It conveys a

seizin, if the debtor had one at the time, otherwise, a right of entry, which it is necessary the purchaser should make, before he can maintain a writ of entry.---6 Pick. 172.

In Connecticut, rights in equity are levied upon by appraisement, in the same manner as other real estate. If the execution is sufficient in amount to cover the whole value, the mortgagor has no right of redemption remaining.--2 Swift's Dig. 182.

8. Of extending executions upon real estate.

When any person shall obtain judgment in any court within this commonwealth, for any sum of money or other specie, and the person or persons against whom the judgment is, does not satisfy it by money or other specie, and the ereditor can find no personal estate to his acceptance, wherewith to satisfy his execution, and shall think proper to levy the same upon the debtor's real estate, then the officer, to whom the execution is directed and delivered, shall cause three disinterested and discreet men, freeholders in the county, one to be chosen by the creditor or creditors, one by the debtor or debtors, whose land is to be taken, if they see cause, and a third by the officer; in case the debtor or debtors shall neglect or refuse to choose as aforesaid, the officer shall appoint one for such debtor or debtors, the three to be sworn before one of the justices of the peace of the same county, faithfully and impartially to appraise such real estate, as shall be shewn to them, who shall appraise the same to satisfy the same execution, with all fees, and shall set out such estate by metes and bounds, and the officer shall deliver possession and seizin thereof to the creditor or creditors, his or their attorney. When the real estate of the debtor or debtors shall be held in jointenancy, coparcenary, or tenancy in common, with the real estate of other persons, then the officer may extend the execution on such debtor or debtors' real estate, held as aforesaid, or part thereof, describing the same with as much precision as the nature and situation thereof will admit, and give the creditor or creditors, his or their attorney, seizin or possession of such debtor or debtors' real estate, held as aforesaid, or part thereof, to hold in common with the said other persons, which execution being returned, with the doings thereon, into the clerk's office, and before or after such return, and within three months the same shall be recorded

in the registry of deeds, in the county where the land lays, shall make as good title to such creditor or creditors, his or their heirs and assigns, as the debtor had therein.-St. 1783, ch. 57, sec. 2.

When it so happens that real estate, extended upon, cannot be divided and set out by metes and bounds, or by a description, as before prescribed, then the execution shall be extended upon the rents of such real estate, and the officer shall give seizin thereof to the creditor or creditors, his or their attorney, and shall cause the person in possession and improvement to attorn and become tenant to such creditor or creditors, and to pay the rent to him or them accordingly, and upon refusal thereof to turn the person so refusing out of possession, and give seizin and possession of the same to the creditor to hold and enjoy the same until it shall be redeemed.-Ibid.

Real estate, taken on warrants of distress, to satisfy debts due to the Commonwealth, or against sheriffs and collectors for taxes, may be sold at public auction. St. 1783, ch. 58-1785, ch. 46.

So, when the real estate of banking corporations is taken on execution.-St. 1828, ch. 96.

a. What lands, or interest therein, may be taken on execution. Where goods have been attached on an original writ, the creditor may waive the attachment on the goods, and levy his execution on the lands of the debtor.-8 M. R. 113-9 M. R. 515.

An execution against the goods and estate of a deceased person, if not satisfied by the executor or administrator, may be extended on any lands, of which the deceased died seized, in whosesoever possession they may be, unless the lands have been sold by the executor or administrator, on license duly obtained.— 3 M. R. 523-4 M. R. 150-Big. Dig. Execution, &c.

An execution to satisfy a judgment recovered against an executor de son tort, cannot be extended

on the lands of the deceased person.-4 M. R. 564. A levy of an execution, obtained in any court in this state, against an administrator not appointed in this state, on the real estate of the deceased, is ipso facto void.-5 M. R. 67.

A levy of an execution, on a judgment recovered against the estate of a deceased person, on the lands of the deceased, after his estate has been represented insolvent, is valid, even though the creditor afterwards lay his claim before the commissioners, and receive his dividend of the administrator.-10 M. R. 170.

Real estate of an intestate, not inventoried by his administrator, may be taken in execution by a creditor.--1 M. R. 204.

As a general rule, no estate or interest in land can be transferred by the levy of an execution, except such as the debtor might have conveyed by a suitable instrument for a valuable consideration.-12 M. R. 348.

If lands of a deceased person have once been extended on and redeemed, they cannot afterwards be taken in execution by another creditor.-3 M. R. 542.

An execution against an heir or devisee may be levied on his share of the estate, before partition thereof, but the judgment creditor will take the estate, subject to partition by the judge of probate, in the manner prescribed by the statute of 1817, ch. 190, sec. 24-17 M. R. 81.

Lands mortgaged are not liable to be taken on execution, as the estate of the mortgagee, unless he shall have entered for condition broken.-16 M. R. 345.

And then not before a foreclosure.- -3 Pick. 4854 Conn. Rep. 237.

An inchoate right of dower in lands, is not liable to be taken in execution.-14 M. R. 378.

The estate of a remainder man, or reversioner, may be taken in execution for their debts, and the officer may enter upon the land to deliver seizin without being a tresspasser upon the tenant of the particular estate.-14 M. R. 20, 404--13 M. R. 429.

A trust estate cannot be extended upon as the property of the cestui que trust.---2 Pick. 508. In this case the trust was created in writing, by deed. ---Ibid.

An entailed estate may be levied upon for the debts of the tenant in tail, in the same manner as a fee simple, and this too after his death.---St. 1791, ch. 61.

When the land can be set out by metes and bounds, the rent cannot be extended upon; but the creditor should take the fee and the tenant must attorn, when the rent will pass as an incident.---17 M. R. 439.

When an execution is levied upon any mill, factory, water privilege, or other real estate which cannot conveniently be divided without prejudice to the whole, and the whole is not required to satisfy the execution, then an undivided part may be taken, to be held in common, describing the whole by metes and bounds, or by such other description as the nature of the case will admit, which execution being returned and recorded, shall vest in the creditor as good a title as the debtor had at the time of the attachment on mesne process, or taking in execution.-St. 1818, ch. 115.

If the creditor cannot have access to his lands, but by passing over the debtor's other estate, the sheriff may cause a right of way to be set to him, and this, either severally, or in common with the debtor.-8 M. R. 411.

So, if the execution cut off the debtor from a communication with the highway, he shall have a way of necessity over the lands levied upon.-2 M. R. 203 -2 Pick. 574.