Andersen Yard Co. v. Citizens State Bank

It is a familiar rule in equity that when a mortgagee has a lien on two parcels of land, on one of which another person has also a lien, and such other person will be prejudiced by allowing the first lienor to satisfy his claim out of the land subject to both claims, a court of equity will compel the latter to take satisfaction out of the land on which the other party has no lien. The rule has a broader application than this. As stated by Mr. Pomeroy in sec. 1414 of the third edition of his Equity Jurisprudence:

“The equitable remedy of marshaling securities, with that of marshaling assets,…