The argument for the appellant assumes the facts of this case to be within the principle declared in Williams v. Washington, 1 Dev. Eq. 137, by which a creditor having a lien upon two funds miy be compelled by another -creditor, who has recourse upon but one, to exhaust that upon which he has the sole lien, before resorting to the other to which the latter creditor can alone look for the satisfaction of his debt. But the principle has no application to the facts of the present case. The inquiry is as to the preferable-right of payment among the contesting execution creditors, and it is manifest that the sums assessed upon the more valuable of the divided tracts, when an estate in severalty vests in the tenants to whom they are assigned, must be paid to ascertain what property belongs to the tenant and can be subjected to his debts. This assigned tract in its entirety when the attaching charge is paid by other means -of the -debtor, or the residue when a portion is sold for the same purpose, is alone accessible to the demands of creditors, and hence the fund must be appropriated to the executions sued out to enforce the claim due the tenants, George McD. Thompson and Cyr.thia Ta-tem, to the exclusion of the others. Between the creditors who have a personal judgment and the defendants’ right *420 of exemption,-the latter must prevail, and'the argument for the appellants would subvert these relations,.and in effect subject the homestead to a debt for which it' cannot be sold under the constitution and law.

Again, the plaintiffs, Benbow and .others, are not parties to this controversy, but two of their judgment debtors, principals equally with the two other'judgment debtors, who own the land sold, are contesting the application of the fund for their own exoneration, not by an action in the nature of a bill in equity where the right of subrogation when it exists is recognized and .enforced, but in -the summary proceeding of the sheriff to obtain the advice and direction of the court.

We therefore sustain the-ruling of 'the court, and affirm the judgment below.

No error. Affirmed.