In all cases where legal difficulties arise as to the distribution of assets in payment of debts or where from any circumstances the ordinary process of law would interfere with the due administration of an estate, without fault on the part of the representative of the estate, a petition to marshal the assets shall be maintained at the instance of the representative.
(Orig. Code 1863, § 3077; Code 1868, § 3089; Code 1873, § 3146; Code 1882, § 3146; Civil Code 1895, § 4001; Civil Code 1910, § 4598; Code 1933, § 37-405.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 27 Am. Jur. 2d, Equity, § 55.
ALR.
- Rule as to marshaling assets where liens are concurrent as to one fund, 36 A.L.R. 663.
Rule as to marshaling assets as affected by homestead law, 44 A.L.R. 758; 77 A.L.R. 371.
Doctrine of marshaling assets or sale in inverse order of alienation as applicable to tax sale, 88 A.L.R. 1216; 131 A.L.R.4th 79.
Right of maker of negotiable paper which is subject to defenses as against payee-pledgor, but not as against pledgee (by invoking doctrine of marshaling assets or otherwise) to require the latter to resort first to other collateral, 92 A.L.R. 1085.
Doctrine of marshaling assets where the two funds covered by the paramount lien are subject respectively to subordinate liens in favor of different persons, 106 A.L.R. 1102.
Doctrine of inverse order of alienation as affected by release of part of property covered by mortgage or other lien, 110 A.L.R. 65; 131 A.L.R.4th 108.
Jurisdiction of equity to sequester, seize, enjoin transfer of, or otherwise provisionally secure assets for application upon money demand which has not been reduced to judgment, 116 A.L.R. 270.
Sale in inverse order of alienation, 131 A.L.R. 4.
Applications of rule permitting courts to exercise jurisdiction over equity actions against foreign personal representatives where there are assets within forum, 53 A.L.R.2d 323.
May doctrine of marshaling assets be invoked to require senior lienor to resort first to the surety, or property of the surety, of common debtor, 135 A.L.R. 738.
Doctrine of marshaling assets or sale in inverse order of alienation as applicable to tax sale, 131 A.L.R.4th 79.
Doctrine of inverse order of alienation as affected by release of part of property covered by mortgage or other lien, 131 A.L.R.4th 108.