640. Nature of exoneration.

c.     Exoneration

640.     Nature of exoneration.

The application of the doctrine of marshalling1 often has the effect of giving an incumbrancer a claim against a fund not comprised in his security in substitution for his claim against a fund comprised in it, but of the benefit of which he is deprived by the overriding claim of an incumbrancer on both funds2. The same principle is, however, applied in cases where the person entitled to one fund or property claims, against the person entitled to the other fund or property, either complete exoneration or indemnity from