Compulsory Election of Remedy Least Likely to Jeopardize Rights of Other Creditors

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As among themselves, creditors shall so prosecute their own rights as not to jeopardize unnecessarily the rights of others; hence, a creditor having a lien on two funds of the debtor, equally accessible to him, will be compelled to pursue the one on which other creditors have no lien.

(Orig. Code 1863, § 1951; Code 1868, § 1939; Code 1873, § 1949; Code 1882, § 1949; Civil Code 1895, § 2691; Civil Code 1910, § 3220; Code 1933, § 28-106.)


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