In marshaling assets, the court shall look to the equities of the creditors and, where cases arise for election, shall compel the parties to elect.
(Orig. Code 1863, § 3078; Code 1868, § 3090; Code 1873, § 3147; Code 1882, § 3147; Civil Code 1895, § 4002; Civil Code 1910, § 4599; Code 1933, § 37-406.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 27 Am. Jur. 2d, Equity, § 55.
ALR.
- Rule as to marshaling assets as affected by homestead law, 44 A.L.R. 758; 77 A.L.R. 371.
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 marshaling assets where the two funds covered by the paramount lien are subject respectively to subordinate liens in favor of different creditors, 76 A.L.R.3d 326.