[Download] "Earl D. Tanner v. W. C. Lawler and Laura" by Supreme Court Of Utah # Book PDF Kindle ePub Free
eBook details
- Title: Earl D. Tanner v. W. C. Lawler and Laura
- Author : Supreme Court Of Utah
- Release Date : January 05, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
WADE, Justice. Plaintiff, Earl D. Tanner, respondent here, brought this action to obtain possession and damages for unlawful detainer of a tract of land with a home thereon. Tanner claims ownership of this property by a sheriffs deed under a mortgage foreclosure and sheriffs sale from which he redeemed the property as assignee of a judgment lien in favor of Paul Clowes. The defendant and intervenor Walter Reichert, one of the appellants here, claims the property as the assignee of the judgment creditor in the foreclosure suit who bid the property in for the full amount of its judgment and assigned the Sheriffs Sale Certificate to Reichert for the amount necessary to redeem the property from such sheriffs sale. On the advice of his counsel and with actual knowledge that Tanner was interested in redeeming this property from the sheriffs sale, Reichert intentionally took an assignment of the Sheriffs Sale Certificate instead of a Certificate of Redemption. The defendants and appellants, W. C. Lawler and wife, have occupied the premises since April, 1952, with three minor children, as purchasers and mortgagors and claim a homestead exemption of $3,650 as against the respondents right to redeem which they have quitclaimed to Reichert.