638. Against whom marshalling applies.

638.     Against whom marshalling applies.

The doctrine of marshalling1 applies against the owner of the two properties, if the mortgage or charge on both was created by himself; and it applies against persons claiming the property, or part of it, under him otherwise than by actual assignment or charge, that is, it applies against the mortgagor's trustee in bankruptcy2, against his judgment creditors3, and against his personal representatives4. The right to marshal exists notwithstanding that the two estates or funds have become vested by devolution in different persons5. The right to marshall may apply in favour of