Legal Definition and Related Resources of Marshaling

Arranging, ranking assets , funds, claims or interests in such an order of consequence as shall secure justice to all persons concerned. See Seasons Inc. v Atwell, 527 P.2d 792, 86 N. M. 751. The equitable doctrine of marshaling assets rests upon the principle that a creditor having two funds to satisfy his debt may not, by his application of them to his demand , defeat another creditor who may resort to only one of the funds. See Meyer v United States , 375 U.S. 233, 84 S.Ct. 318, 11 L.Ed.2d 293. where the equities of the situation require it, the court can direct that the creditor who has a claim to more than one fund first satisfy his demand from the one fund to which the junior creditor does not have a claim. This doctrine is applied only where it can be equitably fashioned as to all of the parties .

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Marshaling in Historical Law

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