Vandever Invest. Co., Inc. v. HE Leonhardt Lumber Co.

IRWIN, Justice.

These two proceedings involve the doctrine of marshaling of securities to satisfy the lien claims of different creditors. The Haskell County case was tried first and the trial court denied Leonhardt Lumber Company’s application to marshal securities. The McIntosh case was then tried and the trial court in effect granted Leon-hardt’s application for the marshaling of securities. The primary issue to be resolved is identical in both proceedings and for all practical purposes the parties áre the same and the cases are consolidated.

The First Fidelity Company had paramount liens…