(DOWNLOAD) "Earl D. Tanner v. W. C. Lawler and Laura" by Supreme Court Of Utah # eBook PDF Kindle ePub Free
eBook details
- Title: Earl D. Tanner v. W. C. Lawler and Laura
- Author : Supreme Court Of Utah
- Release Date : January 23, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Appellants' petition for rehearing raises some contentions which require further consideration. 1. They contend that we erred in holding 'that because Reichert purchased the certificate of sale he may not claim to be
a redemptioner for and on behalf of the Lawlers.' They urge that although Reichert intentionally took an assignment of the
sheriff's certificate of sale, instead of a certificate of redemption, still he being a judgment debtor in the foreclosure
action, and having succeeded to the interest of the Lawlers in the mortgaged property, he was entitled to the benefit of the
provisions of the Utah Rules of Civil Procedure, Rule 69(f)(5) that 'f the debtor redeems, the effect of the sale is terminated
and he is restored to his estate.' Whereupon he is entitled to a certificate of redemption, which must be filed and recorded
in the county recorder's office.