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O.C.G.A. § 23-2-94 — Compelled election in marshaling assets | Georgia Code

O.C.G.A. § 23-2-94 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 23 EQUITY

Section 2. Grounds for Equitable Relief, 23-2-1 through 23-2-136.

ARTICLE 5 ADMINISTRATION OF ASSETS GENERALLY

23-2-94. Compelled election in marshaling assets.

In marshaling assets, the court shall look to the equities of the creditors and, where cases arise for election, shall compel the parties to elect.

(Orig. Code 1863, § 3078; Code 1868, § 3090; Code 1873, § 3147; Code 1882, § 3147; Civil Code 1895, § 4002; Civil Code 1910, § 4599; Code 1933, § 37-406.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 27 Am. Jur. 2d, Equity, § 55.

ALR.

- Rule as to marshaling assets as affected by homestead law, 44 A.L.R. 758, 77 A.L.R. 371.

Doctrine of marshaling assets where the two funds covered by the paramount lien are subject respectively to subordinate liens in favor of different persons, 106 A.L.R. 1102.

Doctrine of marshaling assets where the two funds covered by the paramount lien are subject respectively to subordinate liens in favor of different creditors, 76 A.L.R.3d 326.

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