THE TRANSFER OF PROPERTY ACT 529
In order to protect C equity invented the doctrine of marshalling—under this equity compelled B to proceed first against that property which is not the subject-matter of security for the debt of another mortgagee. This is embodied in Section 81.
Note.—1. It is unnecessary for the mortgagee to have had no notice of the former mortgage in order that he may be able to claim the benefit of marshalling.
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