VANDEVER INVEST. CO., INC. v. H.E. LEONHARDT LUMBER CO.

Nos. 43718, 455188.

503 P.2d 185 (1972)

VANDEVER INVESTMENT COMPANY, INC., et al., Appellees, v. The H.E. LEONHARDT LUMBER COMPANY, Appellant. VANDEVER INVESTMENT COMPANY, INC., and Sam Caldwell, Petitioners, v. H. E. LEONHARDT LUMBER COMPANY, Bruce Company, Inc., an Arkansas corporation, Respondents.

Supreme Court of Oklahoma.

Rehearing Denied November 21, 1972.


Attorney(s) appearing for the Case

John D. Boydston, Jr., Eufaula, James J. Conrad, Muskogee, for appellees and petitioners.

Green & James, Oklahoma City, for appellant and respondents.


IRWIN, Justice.

These two proceedings involve the doctrine of marshaling of securities to satisfy the lien claims of different creditors. The Haskell County case was tried first and the trial court denied Leonhardt Lumber Company's application to marshal securities. The McIntosh case was then tried and the trial court in effect granted Leonhardt's application for the marshaling of securities. The primary issue to be resolved...

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