case SMALLCOMB against sir Owen Buckingham and mill late sheriff of London and  cross see S c Mod e r with note the first become facias deliver to the sheriff  shall be first execute but if be execute the last first the execution be good  and the party must have his remedy against the sheriff S c Mod S c Mod S c  comb S c salk S c Carth S c salk S c holt S c ld ray S c Com Rep the case be  this one fox be indebt to the plaintiff and give he a judgement upon which a  become facias be take out which bear testae the thirtyfirst of January and be  deliver to the sheriff the day after who take fox good in execution thereon  and make a bargain and sale of the same and the bar gainee assign they to the  plaintiff but it happen that the defendant cross take out a become facias  against the same fox test after the plaintiff but deliver a hour before his on  which the sheriff take in execution the good of fox so bargain and sell and in  the plaintiff hand for which he bring trover this case be try at guildhall and  a case be make of it to have the opinion of the court and they all agree that  if there be two become faciass and one be deliver to the sheriff one day and  the other another day and the sheriff first execute the last become facias  that the execution be good and the sale thereupon good and he who deliver his  first must have his remedy against the sheriff because otherwise the  consequence will be mischievous and the execution of the law will be perilous  to buyer the meaning of bind of the good by a become facias be only in  relation to the party himself and not only to the execution of the law as  suppose before the statute a man take execution the first day of the term and  within a week after another take out a second become facias against the same  person test a week after and he that have the first become facias will keep it  in his pocket and the other go modern report and deliver his to the sheriff  and get it execute be it any reason that be who have the first shall come and  defeat thereby the execution of the second but if be deliver it to the sheriff  and the sheriff execute the second and omit the first then may he have his  remedy against the sheriff for the wrong do he now here in this case we doubt  not but upon this statute there be a prius et later in a day and that if the  two become faciass be deliver to the sheriff on one day he have not election  but ought to execute the writ first deliver to he but if the sheriff do  execute the last first the execution be good and he who have the first writ  must have his remedy against the sheriff if he have do he any wrong thereby  though we do not think he have do he any in this case because he who have  first writ never desire any warrant from the sheriff and it be plain it be  design pure as a screen to preserve the party from the execution of the second  become facias therefore let the plaintiff have his judgement