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EAST BOSTON SAVINGS BANK v. OGAN

428 Mass. 327 (1998)

EAST BOSTON SAVINGS BANK & another v. LOIS J. OGAN.

Supreme Judicial Court of Massachusetts, Suffolk.

November 5, 1998.

Attorney(s) appearing for the Case

Avram G. Hammer for the defendant.

Earl D. Munroe (Michael M. McArdle with him) for the plaintiffs.

Present: WILKINS, C.J., ABRAMS, LYNCH, FRIED, MARSHALL, & IRELAND, JJ.

IRELAND, J.

This is a case of first impression concerning the doctrine of equitable subrogation. The defendant, Lois J. Ogan, appeals from a grant of summary judgment in favor of the plaintiffs, East Boston Savings Bank (East Boston) and Edward W. Toner, Jr. The Land Court granted a declaratory judgment in favor of the plaintiffs and ruled that the defendant's mortgage was subordinate to both the equity interest held by Toner and

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