Briarwood Club, LLC v. Vespera, LLC

¶ 1. Courts exercising equitable powers must behave akin to doctors operating under the *65Hippocratic Oath: first, do no harm. We must do equity to all parties and not just the party seeking equitable assistance, within established rules and mindful of the maxim that "equity follows the law." 30A C.J.S. Equity § 135 (2013).

¶ 2. It is within this context that we examine the equitable doctrine of "marshaling assets." Briarwood Club, LLC, the holder of a subordinate mortgage, requests that the doctrine of marshaling assets be applied to the detriment of fellow creditor Waterstone Bank, which holds…