North Dakota Code § 13-01-04

Marshalling funds - Rights of creditors
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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 them, the latter may require the former to seek satisfaction from those funds 
to which the latter has no such claim so far as it can be done without impairing the right of the 
former to complete satisfaction and without doing injustice to third persons. This section does 
not apply to execution sales of real estate mortgage foreclosures.

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