Title 13, Chapter 4, Section 42
( 13-4-42)
When a payment is made by a debtor to a creditor holding several
demands against him, the debtor shall have the right to direct the
claim to which it shall be appropriated. If the debtor fails to do
so, the creditor shall have the right to appropriate the payment at
his election. If neither party exercises the privilege, the law
shall direct the application in such manner as shall be reasonable
and equitable, both as to the parties and third persons, provided
that, as a general rule, the oldest lien and the oldest item in an
account shall be paid first, the presumption of law being that such
is the intention of the parties. |