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Marshaling assets

Defined in 3 dictionaries — Ballentine's (1916), Black's (1910), Black's (1891)

Ballentine's Law Dictionary

James A. Ballentine · 1916

A practice in equity whereby creditors having the right to enforce their claims against either of two funds, only one of which is available to other creditors, must exhaust the other fund first. See 52 La. Ann. 1581, 28 South. 182.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

In equity. The arranging or ranking of assets in the due order of administration. Such an arrangement of the different funds under administration as shall enable all the parties having equities therein to receive their due proportions, notwithstanding any intervening interests, liens, or other claims of particular persons to prior satisfaction out of a portion of these funds. The arrangement or ranking of assets in a certain order towards the payment of debts. 1 Story, "Eq. Jur. § 558; 4 Kent, Comm. 421. The arrangement of assets or claims so as to secure the proper application of the assets to the various claims; especially when there are two classes of assets, and some creditors can enforce their claims agninst both, and others against only one, and the creditors of the former class are compelled to exhaust the assets against which they alone have a claim before having recourse to other assets, thus providing for the settlement of as many claims as possible. Pub. St. Mass, p. 1292.

Defined under Marshaling in Black's Law Dictionary.

A Dictionary of Law

Henry Campbell Black · 1891

In equity. The arranging or ranking of assets in the dua order of administration. Such an arrangement of the different funds under administration as shall enable all the parties having equities thereon to receive their due proportions, notwithstanding any intervening interests, liens, or other claims of particular persons to prior satisfaction out of a portion of these funds, The arrangement or ranking of assets in a certain order towards the payment of debts. 1 Story, Eq. Jur. § 558; 4 Kent, Comm, 421. The arrangement of assets or claims so as are two classes of asscts, and some creditors ean enforce their claims against both, and others against only one, and thecreditors of the former class are conipelled to exhaust the assets against which they alone have a claim before having recourse to other assets, thus providing for the setilement of as many claims as possible. Pub. St. Mass. p. 1292.