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Marshal

Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

1).

To arrange; to place in order. Marshalling: arranging; designating order or rank.

Marshalling assets

A doctrine of equitable jurisprudence intended to secure such an administration of the funds of an estate or debtor, which may b? insufficient to pay all claims, as will discharge them as fully as possible.

— It has been long a general principle of equity, that, if a claimant has two or more funds to which he may resort, a person having an interest in one only of such funds has a right to compel the former to resort to the other or others of them, if that is necessary for the satisfaction of both;

— or, if a person having a claim upon two funds resorts to the only fund upon which another has a claim, that other person may claim to stand in his place for so much against the fund, to which otherwise he could not have access; the object being that every claimant shall be satisfied, as far as, by any arrangement consistent with the nature of the several claims, the property which they seek to affect can be applied in satisfaction of their respective claims.

For it is considered that a creditor, having hia not to injure other creditors -who can " resort to one only. Hence, though a creditor has a distinct lien on two funds, and might, as between himself and the debtor, enforce it upon either, at his election, yet he may be compelled, at the suit of a creditor who has a lien on one only, to resort to the other. But the administration of this principle is subject to the rule that no injustice is to be done to, or loss imposed on, the creditor who may be doubly secured.