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MERCHANTS BANK v. THIBODEAU

No. 82-210.

465 A.2d 258 (1983)

The MERCHANTS BANK v. Thomas C. THIBODEAU, Irene I. Thibodeau, Guy W. Stone and Eleanor L. Stone.

Supreme Court of Vermont.

June 7, 1983.

Attorney(s) appearing for the Case

Matthew I. Katz and Karen McAndrew of Latham, Eastman, Schweyer & Tetzlaff, Burlington, for plaintiff-appellant.

Allen D. Webster of Lisman & Lisman, Burlington, for defendants-appellees.

Before BILLINGS, C.J., UNDERWOOD and PECK, JJ., and LARROW, J. (Ret.), Specially Assigned.

UNDERWOOD, Justice.

The plaintiff, Merchants Bank, filed an action in Chittenden Superior Court to foreclose mortgages held by it on certain premises owned by defendants Thomas and Irene Thibodeau. The defendants Guy and Eleanor Stone were named in the complaint as parties having an interest in the subject premises. The bank alleged that the Stones' interest is subordinate to its mortgage by virtue of a subordination agreement between the parties. The Stones answered...

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