GENERAL BUILDERS SUPPLY v. ARLINGTON CO-OPERATIVE BANK


359 Mass. 691 (1971)

271 N.E.2d 342

GENERAL BUILDERS SUPPLY CO. vs. ARLINGTON CO-OPERATIVE BANK & others.

Supreme Judicial Court of Massachusetts, Middlesex.

June 21, 1971.


Attorney(s) appearing for the Case

Peter Myerson (Leonard K. Millen with him) for the plaintiff.

Albert W. Wunderly for Arlington Co-operative Bank.

Present: TAURO, C.J., SPALDING, REARDON, & QUIRICO, JJ.


QUIRICO, J.

This is a bill in equity which, together with a counterclaim contained in an answer and a claim made in a petition to intervene, seeks a determination of the rights of three mortgagees and two attaching creditors to the proceeds from the foreclosure sales of first mortgages on five lots of land which were also covered by the other two mortgages and the attachments.

For the purposes of this opinion it is sufficient to identify and refer to the five...

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