SPALDING, J.
This is an action of contract in which the plaintiffs as second mortgagees seek to recover the sum of $12,600 out of the proceeds of a mortgage foreclosure sale by the defendant, the first mortgagee. The case was submitted on a statement of agreed facts and the judge ordered judgment for the defendant. The plaintiffs appealed.
The defendant (Worcester County National Bank, hereinafter called the bank) held a first mortgage on a fifteen acre lot...
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