Montana Statutes
§ 31-2-105 — Relative Rights Of Different Creditors
Montana·Title 31 CREDIT TRANSACTIONS AND RELATIONSHIPS·Ch. 2 DEBTOR AND CREDITOR RELATIONSHIPS·Part 1 General Provisions -- Definitions
31-2-105 . Relative rights of different creditors. When a creditor is entitled to resort to each of several funds for the satisfaction of the creditor's claim and another person has an interest in or is entitled as a creditor to resort to some but not all of the funds, the the other person may require the creditor to seek satisfaction from those funds to which the other person does not have a claim so far as it can be done without impairing the right of the creditor to complete satisfaction and without doing injustice to third persons.
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Legislative History
En. Sec. 4484, Civ. C. 1895; re-en. Sec. 6126, Rev. C. 1907; re-en. Sec. 8602, R.C.M. 1921; Cal. Civ. C. Sec. 3433; Field Civ. C. Sec. 1917; re-en. Sec. 8602, R.C.M. 1935; R.C.M. 1947, 18-105; amd. Sec. 984, Ch. 56, L. 2009.
Nearby Sections
15
§ 31-2-101
Debtor Defined§ 31-2-102
Creditor Defined§ 31-2-103
Contracts Of Debtor Are Valid§ 31-2-104
Payments In Preference§ 31-2-105
Relative Rights Of Different Creditors§ 31-2-106
Exempt Property -- Bankruptcy Proceeding§ 31-2-201
When Debtor May Execute Assignment§ 31-2-202
Insolvency -- What Constitutes§ 31-2-203
Certain Transfers Not Affected§ 31-2-204
What Debts May Be Secured§ 31-2-205
Preference Given For Wages§ 31-2-206
Preference To Be Absolute§ 31-2-208
Joint And Separate Debts§ 31-2-209
Assignment -- When Void