Ehren Realty Co. v. Magna Charta B. L. Assn.

This is a foreclosure of a tax lien. Defendant Building and Loan Association owns a lot of land adjoining the rear of the lot described in complainant's tax sale certificate. The association's parcel does not touch any highway, but appurtenant to it is an easement of way across complainant's lot, the only access to the property in the rear. Complainant joins the association as a defendant in order to cut off its right of way. The association contends that the servient tenement was assessed and sold at the tax sale subject to the right of way — although the easement was not expressly excepted…