Parker v. Wheeler

OPINION

By GUERNSEY, J.

•For the relief which the defendant Rockey asks as against the plaintiff, he relies upon the following equitable principle:

“The equitable remedy on marshaling securities, with that of marshaling assets, depends upon the principle that a person having two funds to satisfy his demands shall not, by his election, disappoint a party hav - ing but one fund. The general rule is, that if one creditor, by virtue of a lien or interest, can resort to two funds, and another to one of them only, — as, for example, where a mortgagee holds a prior mortgage on two parcels of land, and…