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PROVIDENT CO-OPERATIVE BANK v. JAMES TALCOTT, INC.

358 Mass. 180 (1970)

260 N.E.2d 903

PROVIDENT CO-OPERATIVE BANK & others vs. JAMES TALCOTT, INC. & another.

Supreme Judicial Court of Massachusetts, Suffolk.

July 14, 1970.

Attorney(s) appearing for the Case

David G. Hanrahan for the plaintiffs.

Bernard Kaplan for the defendant Lucy Janis.

Sydney Berkman (Jeffrey M. Smith with him) for the defendant James Talcott, Inc.

Present: WILKINS, C.J., CUTTER, KIRK, SPIEGEL, & QUIRICO, JJ.

QUIRICO, J.

This is a suit in equity brought by the Provident Co-operative Bank (Provident), Hazel Hutchinson (Mrs. Hutchinson) and her son, Eben Hutchinson, Jr. (Hutchinson), against James Talcott, Inc. (Talcott) and Lucy Janis (Mrs. Janis). The plaintiffs seek a decree declaring that a real estate mortgage given by Mrs. Janis to Provident and now held by Mrs. Hutchinson has priority over another mortgage on the same real estate given by Mrs. Janis to Talcott. By...

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