HAMPSHIRE NATIONAL BANK OF S. HADLEY v. CALKINS


3 Mass. App. Ct. 697 (1975)

339 N.E.2d 244

HAMPSHIRE NATIONAL BANK OF SOUTH HADLEY vs. WILLIAM C. CALKINS & others.

Appeals Court of Massachusetts, Hampshire.

December 31, 1975.


Attorney(s) appearing for the Case

Philip J. Hendel for J.G. Roy Lumber Co.

Present: ROSE, KEVILLE, & ARMSTRONG, JJ.


ARMSTRONG, J.

The plaintiff, as first mortgagee of certain real property of Calkins and his wife, sold that property under the statutory power of sale (G.L.c. 183, § 21), paid to itself the amount of the secured indebtedness, and sought by this bill of interpleader to have the disposition of the surplus fund ($3,513.84) determined by the court. The issue in this appeal concerns only a question of priority between two claimants in the balance after payment from...

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