HAMPSHIRE NATIONAL BANK OF S. HADLEY v. Calkins

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 the surplus of various sums amounting in the aggregate to $876.85, plus the plaintiff’s court costs.

The claimant Elder Jones Lumber Corporation…