[DOWNLOAD] "Bush v. Duff" by Supreme Court of the United States # Book PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: Bush v. Duff
• Author : Supreme Court of the United States
• Release Date : January 20, 1988
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

The primary issue presented by this case is whether a way of necessity, created over lands subject to a mortgage by the conveyance of unmortgaged, landlocked adjacent lands by the mortgagor, survives the foreclosure of the mortgage on the servient estate. A corollary issue relates to the authority of the district court to award an easement in lieu of the way of necessity conditioned upon compensation for the lands committed to the easement. A third issue, collateral to the case involving the way of necessity, relates to a redemption from an execution sale of lands previously acquired by the judgment creditor and executed upon by mistake, or, alternatively, the right to recover the money paid to redeem the land. The district court ruled that the way of necessity did not survive the foreclosure of the mortgage on the servient estate; ordered the establishment of an easement upon payment of compensation; and denied a motion by the redemptioner to amend his pleading to assert a claim for monies paid for the land improperly subjected to execution. We hold that the district court correctly ruled that the way of necessity did not survive the foreclosure of the mortgage on the servient estate; the district court lacked authority to impose the easement which it ordered; and the district court did abuse its discretion in refusing to permit the amendment of the redemptioners pleadings to claim the amount paid to redeem lands not lawfully subject to execution. We affirm in part; reverse in part; and remand this case for further proceedings.

Free Download "Bush v. Duff" PDF ePub Kindle