the superior; but in regard to the debts mentioned
in the same class tho' one stands before
the other, yet are they all of the same degree;
and of the same class or degree, the executor or
administrator may pay which he pleases first;
unless an action be brought; in which case the
debt for which the action is brought, must be
paid before any debt of the same class, or degree,
whereon no action was brought; should an
action be afterwards brought for a debt of the
same degree, and judgment thereon obtained,
such judgment may be pleaded by the executor
or administrator, to the action first brought,
but debts of a higher nature or class, may be
paid before a debt of an inferior degree; altho'
action should be brought for the inferior, and
none for the superior debt, or may be pleaded
in bar.
 

Method to be
observed in
the paying of
debts.