Peck, J. delivered the opinion of the court. On examination of the record of the recovery of costs on which the levy and sale was made, it is evident that said recovery was had without notice to Bryan, the lessor of the plaintiff; it was therefore void, and the execution, sale, and deed of the sheriff also void. This point being against the plaintiff in error, is decisive of the case, inasmuch as it defeats his title; Bryan, the plaintiff below* having prevailed. Judgment affirmed.