after stating tbe case: Is tbe equity of marshaling superior to tbe right of dower? Tbe answer is, No.
In tbe first place, it should be observed that tbe right of a junior creditor to have tbe common debtor’s assets marshaled is not a lien, or a vested interest, but only an equity to be administered as such. It does not fasten itself upon tbe situation when tbe successive securities are taken, but is to be determined at tbe time tbe marshaling is invoked. Harrington v. Furr, 172 N. C., 610, 90 S. E., 775; 18 R. C. L., 456. It is true, equity pursues tbe right until it meets another of equal or superior rank. 38 C. J., 1367. But, here, tbe widow’s superior right of dower is met at tbe threshhold of tbe administration of appellant’s claim. Holt v. Lynch, 201 N. C., 404, 160 S. E., 469; Blower Co. v. MacKenzie, 197 N. C., 152, 147 S. E., 829. “Dower has long been tbe favorite of tbe law”- — Parser, J., in Pridgen v. Pridgen, 190 N. C., 102, 129 S. E., 419.
While tbe doctrine of marshaling is well established, it is not founded on contract, but rests upon equitable principles only, and tbe benevolence of tbe court; and it is never extended so as to affect injuriously tbe creditor who has tbe double security, or to trench upon tbe rights of tbe common debtor or of third persons.
Thus, in Butler v. Stainback, 87 N. C., 216, it was held that tbe debtor’s right of homestead was superior to tbe creditor’s right of marshaling, tbe Court saying: “To apply tbe principle of marshaling assets in such a case would be an indirect way of subjecting a homestead to tbe payment of debts, when tbe very object of tbe law is to confer a homestead exemption superior to all creditors, and ever consecrated, except so far as it may be impaired by tbe voluntary act of tbe claimant himself.” And this was quoted with approval in Harris v. Allen, 104 N. C., 86, 10 S. E., 127.
Again, in Watts v. Leggett, 66 N. C., 197, it was held that tbe widow’s right of dower is paramount to tbe right of tbe children to enjoy tbe homestead during tbe minority of any one of them. “Dower is paramount to homestead, and tbe children of a deceased husband must *111enjoy their homestead subject to the dower rights of the widow”— Mordecai’s Law Lectures, 2 ed., Vol. I, 380.
A fortiori, therefore, if homestead is superior to marshaling, and dower is paramount to homestead, the right of dower must be higher in rank than the equity of marshaling.
The remaining exceptions call for no elaboration. The cases were properly decided in the court below.
Affirmed.