State Codes and Statutes

Statutes > Wyoming > Title1 > Chapter32

CHAPTER 32 - REAL PROPERTY

 

ARTICLE 1 - PARTITION

 

1-32-101. Who compelled to make partition.

 

Tenantsin common and coparceners of any estate of lands, tenements or hereditamentswithin the state may be compelled to make a partition thereof as hereinafterprescribed.

 

1-32-102. Where proceedings to be had.

 

Whenthe estate is situated in one (1) county the proceedings shall be had in thatcounty, and when situated in two (2) or more counties the proceedings may behad in any county in which a part of the estate is situated.

 

1-32-103. Filing and contents of petition.

 

Aperson entitled to partition of an estate may file his petition in the districtcourt setting forth the nature of his title, a description of the lands,tenements or hereditaments of which partition is demanded, and naming eachtenant in common, coparcener or other interested person as defendant.

 

1-32-104. Finding of court; order for partition; appointment ofcommissioners; ordering writ of execution to issue.

 

Ifthe court finds that the plaintiff has a legal right to any part of the estate,it shall order partition in favor of the plaintiff or all parties in interest,appoint three (3) disinterested persons of the vicinity to be commissioners tomake the partition and order a writ of execution to issue.

 

1-32-105. Writ of partition directed to sheriff; contents;administering oath to commissioners.

 

Thewrit of partition may be directed to the sheriff of any county in which anypart of the estate lies, and shall command him to administer the oaths of thecommissioners, and setoff and divide to the plaintiff or each party in interestsuch part and proportion of the estate as the court shall order.

 

1-32-106. View and examination of estate by commissioners; settingaside under oath.

 

Inmaking the partition, the commissioners must examine the estate and set apartthe same in such lots as will be most advantageous and equitable, having dueregard to the improvements, situation and quality of the different parts.

 

1-32-107. Partition of several tracts.

 

Whenpartition of more than one (1) tract is demanded, the commissioners shall setoff to each plaintiff or party in interest his proper proportion in each of theseveral tracts unless the several tracts are owned by the same proprietors in thesame proportion in each tract, in which case the whole share of any proprietorin all the several tracts may be set off to the proprietor according to thebest discretion of the commissioners.

 

1-32-108. Amicable partition.

 

Beforea writ of partition is issued, the person of whom partition is demanded mayappear in court in person or by attorney and consent to a partition of theestate according to the facts and prayer set forth in the petition. Thisamicable partition, when made and recorded, is valid and binding between theparties thereto.

 

1-32-109. Appraisement required where estate cannot be dividedaccording to writ; return by commissioners; election to take at appraisedvalue.

 

Whenthe commissioners are of the opinion that the estate cannot be dividedaccording to the demand of the writ without manifest injury to its value, theyshall return that fact to the court with a just valuation of the estate. If thecourt approves the return and one (1) or more of the parties elects to take theestate at such appraised value, it shall be adjudged to him upon his paying tothe other parties their proportion of the appraised value according to theirrespective rights, or securing the same as hereinafter provided.

 

1-32-110. Terms of payment upon election to take; execution ofconveyance.

 

Ifone (1) or more of the parties elects to take the estate at the appraisedvalue, unless the court for good cause directs the entire payment to be made incash, or unless all the parties in interest agree to different terms, the termsof payment shall be one-third (1/3) cash, one-third (1/3) in one (1) year andone-third (1/3) in two (2) years, with interest, the deferred payments to besecured to the satisfaction of the court. On payment in full or in part withsufficient security for the remainder, the sheriff shall make and execute aconveyance to the party electing to take the same according to the order of thecourt.

 

1-32-111. Order for sale of estate in absence of election to take.

 

Ifno election to take the estate at the appraised value is made, at the instanceof a party the court may order the sale thereof at public auction by thesheriff who executed the writ of partition or his successor.

 

1-32-112. Conduct and terms of sale.

 

Allsuch sales shall be made at the courthouse unless the court for good causedirects it to be made on the premises. The sale shall be conducted in allrespects as a sale upon execution except that it is not necessary to appraisethe estate. The estate shall not be sold for less than two-thirds (2/3) of itsappraised value as returned by the commissioners. Unless the court directs forgood cause the entire payment to be made in cash, the purchase money is payableone-third (1/3) on the day of sale, one-third (1/3) in one (1) year andone-third (1/3) in two (2) years, with interest.

 

1-32-113. Return by sheriff of proceedings of sale; confirmation bycourt; execution of deed of conveyance.

 

Onthe return by the sheriff of his proceedings the court shall examine the same.If a sale has been made and the court approves the sale, on receiving paymentof the consideration money or taking sufficient security therefor to thesatisfaction of the court, the sheriff shall execute and deliver a deed to thepurchaser.

 

1-32-114. Distribution of proceeds of sale or election to take;liability of sheriff and his sureties.

 

Themoney or securities arising from a sale of or an election to take the estateshall be distributed and paid by order of the court to the parties entitledthereto, in lieu of their respective parts and proportions of the estate andaccording to their just rights therein. All receipts of money or securities bythe sheriff shall be in his official capacity, and his sureties on his officialbond are liable for any misapplication thereof.

 

1-32-115. Alias writ for sale; reappraisement by disinterestedpersons; sale with or without revaluation.

 

Whenthe estate has been once offered and not sold, an alias writ for the salethereof may be issued as often as need be. The court may order a reappraisementby three (3) disinterested persons of the vicinity appointed by the court, anddirect a sale of the estate at not less than two-thirds (2/3) of such appraisedvalue, or if the court deem it for the interest of the parties, may order asale without such reappraisement at not less than a sum it may fix.

 

1-32-116. Succeeding officer may make deed.

 

Whena conveyance is not made by the officer who made the sale, the court beingsatisfied that the sale or election was regularly made and the purchase moneyhas been fully paid or secured, may order the sheriff of the county or officerperforming his duties to execute and deliver to the purchaser or personelecting to take the property a deed for the lands sold or taken.

 

1-32-117. Guardian may act for ward.

 

Theguardian of a minor or other person under legal disability may on behalf of hisward do and perform any act respecting the partition of an estate which theminor or other person under legal disability could do. He may elect, on behalfof the ward, to take the estate when the same cannot be divided without injury,and make payments therefor on behalf of the ward.

 

1-32-118. Powers of foreign guardian.

 

Aperson appointed according to the laws of any other state or country to takecharge of the estate of a person under legal disability not a resident of thisstate, upon being duly authorized in this state to take charge of the estatesituate in this state, may act in the partition of the estate to the sameextent that the guardian of a person under legal disability is authorized toact by W.S. 1-32-117.

 

1-32-119. Actions by 1 tenant in common or coparcener against another.

 

One(1) tenant in common or coparcener may recover from another his share of rentsand profits received by the tenant in common or coparcener from the estate. One(1) parcener may maintain an action of waste against another, but no parcenershall possess any privileges over another in any election, division, partitionor matter to be made or done concerning lands which have descended.

 

1-32-120. Partition of property of religious corporations.

 

Whentwo (2) or more religious denominations or other societies or associations haveunited in a corporation and as a corporation acquire title to real estate inthis state, and subsequently agree to separate and form two (2) or moreseparate corporations, either corporation after the separate organization mayfile its petition for partition of property so acquired and held.

 

1-32-121. Partition of property of religious societies.

 

Whentwo (2) or more religious societies or congregations have acquired in commonland upon which to erect a house of public worship, buildings for church orschool purposes, or for a cemetery, and either desires to abandon the joint useof the property, it may commence an action for the partition of the commonproperty except the cemetery, which may continue to be used in common.

 

1-32-122. Costs and expenses to be equitably taxed.

 

Thecourt shall tax the costs and expenses which accrue in the action includingreasonable attorney's fees for plaintiff's attorney or any other attorneyrendering service in the case for the common benefit of all the parties.

 

ARTICLE 2 - QUIETING TITLE, EJECTMENT, RIGHTS OF OCCUPYINGCLAIMANTS

 

1-32-201. Action to quiet title.

 

Anaction may be brought by a person in possession of real property against anyperson who claims an estate or interest therein adverse to him, for the purposeof determining the adverse estate or interest. The person bringing the actionmay hold possession himself or by his tenant.

 

1-32-202. Petition in actions to recover realty; sufficiency.

 

Inan action to recover real property it is sufficient if the plaintiff's petitionstates that he has a legal estate in and is entitled to possession of the realproperty, describing the same with sufficient certainty as to enable an officerholding an execution to identify it, and that the defendant unlawfully keepshim out of possession. It is not necessary to state how the plaintiff's estate orownership is derived.

 

1-32-203. Petition in action to recover realty; answer.

 

Itis sufficient if the defendant's answer denies generally the title alleged inthe petition or that he withholds the possession, but if he denies the title ofthe plaintiff, possession by the defendant shall be taken as admitted. When hedoes not defend for the whole premises, the answer shall describe theparticular part for which defense is made.

 

1-32-204. Petition in action against cotenant.

 

Ifthe action is by a tenant in common against a cotenant, the plaintiff muststate that the defendant either denied the plaintiff's right or did some actamounting to such denial.

 

1-32-205. Recovery when right terminates during action.

 

Inan action for the recovery of real property when the plaintiff shows a right torecover at the time the action was commenced but his right has terminatedduring the pendency of the action, the verdict and judgment must be accordingto the fact and the plaintiff may recover for withholding the property.

 

1-32-206. Benefit of occupying claimant law.

 

Partiesin an action for the recovery of real property may avail themselves of thestatutes for the relief of occupying claimants of land.

 

1-32-207. Conditions under which occupying claimant to be paid forimprovements.

 

(a) A person in quiet possession of land or tenement who claimsto own the land and who has obtained title to and is in possession of the landwithout fraud or collusion on his part, shall not be evicted or turned out ofpossession by any person who proves an adverse and better title until theoccupying claimant or his heirs are fully paid the value of all lasting andvaluable improvements made on the land by him or by the person under whom heholds, previous to receiving actual notice by the commencement of suit on theadverse claim under which eviction may be effected, unless the occupyingclaimant refuses to pay to the person proving an adverse and better title thevalue of the land, without improvements made thereon, upon demand of thesuccessful claimant or his heirs as hereinafter provided:

 

(i) If the occupying claimant holds a plain and connected titlein law or equity, derived from the records of a public office;

 

(ii) If he holds the same by deed, devise, descent, contract,bond or agreement from and under a person claiming title as aforesaid, derivedfrom the records of a public office, or by deed duly authenticated andrecorded;

 

(iii) If he holds under sale on execution against a personclaiming title as aforesaid, derived from the records of a public office, or bydeed duly authenticated and recorded;

 

(iv) If he holds under a sale for taxes authorized by the lawsof this state; or

 

(v) If he holds under a sale and conveyance made by executors,administrators or guardians or by any other person in pursuance of an order ofcourt where lands are or have been directed to be sold.

 

1-32-208. Conditions under which occupying claimant to be paid forimprovements; tax title sufficient to protect occupant.

 

(a) The title by which the successful claimant succeeds againstthe occupying claimant in all cases of lands sold for taxes by virtue of anylaw of this state shall be considered an adverse and better title, under theprovisions of W.S. 1-32-207, whether it is the title under which taxes were dueand for which the land was sold, or any other title or claim.

 

(b) The occupying claimant holding possession of land sold fortaxes, having the deed of a collector of taxes or county treasurer therefor ora certificate of the sale from a collector of taxes or a county treasurer, orclaiming under the person who holds the deed or certificate shall be consideredas having sufficient title to the land to demand the value of improvements asprovided by law.

 

1-32-209. Entry of claim against occupying claimant; subsequentprocedure.

 

Atthe request of either party, the court rendering judgment against the occupyingclaimant shall cause a docket entry thereof to be made, and the cause shallthen proceed as do other civil actions.

 

1-32-210. Question of fact to be tried by jury upon request; view ofpremises; findings; trial by court without jury.

 

(a) An occupying claimant desiring a jury trial shall have five(5) days and the opposite party ten (10) days after the rendering of thejudgment as provided in W.S. 1-32-209 to demand a jury and deposit a jury feeas in civil actions. If no jury is demanded the case shall be tried by thecourt.

 

(b) For the trial of the question of fact a jury, if demanded,shall view the premises in question. From the view and the testimony, the juryshall find in their verdict:

 

(i) The reasonable value of the permanent and valuableimprovements made on the land previous to the occupying claimant's receipt ofactual notice of the adverse claim of the plaintiff;

 

(ii) The damages, if any, the land has sustained by waste,including the value of the timber or other valuable material removed ordestroyed; and

 

(iii) The net annual value of the rents and profits of the landaccruing after the occupying claimant received notice of claim by service ofsummons.

 

(c) The jury shall find the value of the land at the timejudgment was rendered with the improvements thereon and its value without theimprovements or damages sustained by waste and return their verdict in opencourt.

 

1-32-211. Setting aside verdict and judgment.

 

Theverdict of the jury or judgment of the court are subject to the same rules forsetting aside verdicts and judgments as provided in any other civil action.

 

1-32-212. Judgment on report of jury in favor of plaintiff inejectment.

 

Ifthe jury reports a sum in favor of the plaintiff in ejectment on the assessmentand valuation of the valuable improvements, the assessment of damages for wasteand the net annual value of the rents and profits, the court shall renderjudgment therefor and issue execution thereon. If no such excess be reportedthe plaintiff in ejectment is barred from having or maintaining an action formesne profits.

 

1-32-213. Proceedings if report of jury is for occupying claimant.

 

Ifthe jury reports a sum in favor of the occupying claimant on the assessment andvaluation of the valuable improvements, deducting therefrom any damagessustained by waste and the net annual value of the rents and profits which theoccupying claimant has received after the commencement of the action, thesuccessful claimant or his heirs may either demand of the occupying claimantthe value of the land without the improvements so assessed and tender a deed ofthe land to the occupying claimant, or may pay the occupying claimant the sumallowed by the jury in his favor, within such reasonable time as the courtshall allow.

 

1-32-214. Writ of possession to issue on payment for improvements.

 

Ifthe successful claimant, his heirs or their guardians elect to pay to theoccupying claimant the sum reported in his favor by the jury, a writ ofpossession shall issue in favor of the successful claimant, his heirs or theirguardians.

 

1-32-215. Writ of possession to issue if deed tendered and paymentrefused.

 

Ifthe successful claimant, his heirs or their guardians elect to receive thevalue of the land without improvements, assessed to be paid by the occupyingclaimant, and tender a general warranty deed conveying their adverse or bettertitle within the time allowed by the court for the payment of money, and theoccupying claimant refuses or neglects to pay the successful claimant, hisheirs or their guardians within the time limited, a writ of possession shallissue in favor of the successful claimant, his heirs or their guardians.

 

1-32-216. Occupying claimant and heirs not to be evicted except asprovided in W.S. 1-32-214 and 1-32-215; right to bring action for title.

 

Theoccupying claimant or his heirs shall not be evicted from possession of theland except as provided in W.S. 1-32-214 and 1-32-215 where application is madefor the value of improvements. When an election is made by the successfulclaimant, his heirs or their guardians to surrender lands under the provisionsof W.S. 1-32-207 through 1-32-216 the occupying claimant or his heirs may, atany time after payment is made, bring an action in the court where judgment ofeviction was obtained, and obtain judgment for the title of the land if it hasnot been previously conveyed to the occupant.

 

ARTICLE 3 - SALE OR LEASE OF CERTAIN INTERESTS

 

1-32-301. Authorization to sell qualified fee.

 

Inan action by the owner of any qualified or conditional fee or any otherqualified, conditional or determinable interest, or by a person claiming undersuch owner, or by the trustees or beneficiaries of an estate held in trust, thedistrict courts may authorize the sale of any estate, whether created by will,deed, contract or descent, when satisfied that a sale would be for the benefit ofthe person holding the first and present estate, interest or use and do nosubstantial injury to the heirs in tail or others in expectancy, succession,reversion or remainder.

 

1-32-302. Requisites of petition; parties.

 

Thepetition shall contain a description of the estate to be sold, a clearstatement of the interest of the plaintiff, and a copy of the will, deed orother instrument of writing by which the estate is created. All persons inbeing who are interested in the estate or who may by the terms of the will,deed or other instrument creating the estate become interested as heir,reversioner or otherwise, shall be made parties to the petition. If the name orresidence of any person who ought to be made a party is unknown to theplaintiff, the fact shall be verified by the affidavit of the plaintiff and thesale may be ordered notwithstanding such names and residences are unknown.

 

1-32-303. Hearing of petition; order for and effect of sale.

 

Uponhearing the petition if it is shown a sale of the estate would be for thebenefit of the tenant in tail or for life, and do no substantial injury to theheirs in tail or others in expectancy, succession, reversion or remainder, thecourt shall direct a sale of the estate to be made and the manner thereof, andshall appoint some suitable person to make the sale. The sale shall vest theestate sold in the purchaser, freed from the entailment, limitation orcondition.

 

1-32-304. Sale by consent of parties; right of guardians to assent inplace of wards.

 

Allparties in interest may appear voluntarily and consent in writing to the sale.Testamentary guardians and guardians appointed by the court may consent inplace of their wards.

 

1-32-305. Report of sale to court; confirmation; conveyance ofpremises upon payment of purchase money.

 

Allsales shall be reported to the court authorizing them. If on examination itappears that the sale was fairly conducted and the price obtained is thereasonable value of the estate sold, the court shall confirm the sale anddirect a deed of conveyance be made to the purchaser on payment of the purchasemoney, or on securing the payment thereof in a manner approved by the court.

 

1-32-306. Proceeds to descend like estate sold.

 

Forpurposes of descent, succession, reversion or remainder, all monies arisingfrom the sale have the same character and are governed by the same principlesas the estate sold, and pass according to the terms of the deed, will or otherinstrument creating the estate.

 

1-32-307. Investment of proceeds of sale; reinvestment in other realestate; descent; appointment of trustees to make investments; security requiredof trustees.

 

(a) Money arising from the sales shall be invested, under thedirection and supervision of the court, in the certificates of the funded debtof this state or of the United States, or in bonds secured by mortgage onunencumbered real estate situated in the proper county of double the value ofthe money secured thereby, exclusive of buildings and other improvements and oftimber, mines and minerals. The court may order the money to be reinvested inother real estate within this state under such restrictions as it mayprescribe, which investments shall be reported to the court and subject to itsapproval and confirmation.

 

(b) For purposes of descent, succession, reversion or remainderthe real estate in which the money is reinvested shall have the same characterand be governed by the same principles as the estate sold, and shall passaccording to the terms of the deed, will or other instrument creating theestate sold.

 

(c) The court shall appoint competent trustees to invest andmanage the money who from time to time shall report to the court theirproceedings and the condition of the fund. The court shall require of the trusteessecurity for the faithful discharge of their duty and may from time to timerequire additional security, remove the trustees for cause or reasonableapprehension thereof and may accept the resignation of a trustee and fill avacancy by a new appointment.

 

1-32-308. Use of income; taxes and expenses.

 

Thenet income accruing from sales shall be paid to the person who would beentitled to the use or income of the estate, were the same unsold. All taxesand the expenses of investment and management of the fund shall be paid by theperson entitled to the income thereof.

 

1-32-309. Right to lease estate for term of years; rents and profits.

 

Uponlike proceedings the court may direct that the estate be leased for a term ofyears, renewable or otherwise, as may appear most beneficial and equitable. Therents and profits shall be paid to the person who might otherwise be entitledto the use and occupancy of the estate or the income thereof.

 

1-32-310. Sale of property given or purchased for religious use; generally.

 

Whenany real estate except burial grounds of a cemetery has been donated,bequeathed or otherwise entrusted to or purchased by any person or trustee forany public religious use but not to or for use of any particular religiousdenomination, or when the same has been donated, bequeathed, entrusted to orpurchased by a particular religious denomination and has been abandoned forsuch use, the district court of the county in which the real estate is located,upon good cause shown upon the petition of any citizen of the vicinity, maymake an order for the sale of the property whether the same has been built uponor otherwise improved or not, and may make the order as to costs anddisposition of the proceeds of the sale of the religious or other public use asshall be just, proper and equitable. The purchaser shall be invested with asfull and complete a title thereto as the character of the original grant forthe religious use will allow.

 

1-32-311. Sale of property given or purchased for religious use;necessary parties to proceeding.

 

Allpersons who have a vested, contingent or reversionary interest in the realestate and the trustees or other officers of any religious society then usingthe same shall be made parties to the petition and be notified of the filingand pendency thereof as in a civil action.

 

ARTICLE 4 - SPECIFIC PERFORMANCE; ACTIONS FOR PURCHASE MONEY

 

1-32-401. Completion of contract by survivors.

 

Whentwo (2) or more persons who own an interest in land become bound in writing forits sale and conveyance and one (1) of them dies before the land is conveyed,the survivor may by petition against the purchaser and the heirs or devisees ofthe deceased party, be authorized to complete the contract.

 

1-32-402. Requisites of petition; copy of contract to be annexed.

 

Thepetition must set forth the names of the contracting parties, describe thelands contracted for, state the time the contract was made, that the contracthas been fully performed by the purchaser and have annexed a copy of thecontract.

 

1-32-403. Findings of court; order authorizing completion of contract;requirements and effect of deed.

 

Ifthe court finds the allegations of the petition to be true, it may order thesurvivors to complete the contract by conveying the land. The deed shall recitethe order and shall convey as complete and perfect a title and have the sameeffect as if executed by all the owners.

 

1-32-404. Heirs and devisees may ask completion.

 

Theheirs at law or devisees of a person who purchased an interest in land bywritten contract and died before conveyance thereof to him, may compelconveyance as the deceased might have done.

 

1-32-405. Recoupment of vendee in action for purchase money.

 

(a) In actions for the recovery of purchase money for realestate by vendor against vendee, the vendee may, notwithstanding his continuedpossession, set up by way of counterclaim, any breach of the covenants of titleacquired by him from the vendor and make any person claiming an adverse estateor interest therein party to the action. Upon the hearing the vendee may recoupagainst the vendor's demand the present worth of any existing lien orencumbrance thereon.

 

(b) If the adverse estate or interest is an estate in reversionor remainder or contingent upon a future event, the court may:

 

(i) Order the vendee with his assent to surrender possession tohis vendor upon the repayment of so much of the purchase money as has beenpaid, with interest; or

 

(ii) Direct the payment of the purchase money claimed in theaction, upon the vendor giving bond in double the amount thereof with two (2)or more sureties approved by the court, conditioned for the repayment of thesame with interest if the vendee or his privies are subsequently evicted byreason of the defect.

 

State Codes and Statutes

Statutes > Wyoming > Title1 > Chapter32

CHAPTER 32 - REAL PROPERTY

 

ARTICLE 1 - PARTITION

 

1-32-101. Who compelled to make partition.

 

Tenantsin common and coparceners of any estate of lands, tenements or hereditamentswithin the state may be compelled to make a partition thereof as hereinafterprescribed.

 

1-32-102. Where proceedings to be had.

 

Whenthe estate is situated in one (1) county the proceedings shall be had in thatcounty, and when situated in two (2) or more counties the proceedings may behad in any county in which a part of the estate is situated.

 

1-32-103. Filing and contents of petition.

 

Aperson entitled to partition of an estate may file his petition in the districtcourt setting forth the nature of his title, a description of the lands,tenements or hereditaments of which partition is demanded, and naming eachtenant in common, coparcener or other interested person as defendant.

 

1-32-104. Finding of court; order for partition; appointment ofcommissioners; ordering writ of execution to issue.

 

Ifthe court finds that the plaintiff has a legal right to any part of the estate,it shall order partition in favor of the plaintiff or all parties in interest,appoint three (3) disinterested persons of the vicinity to be commissioners tomake the partition and order a writ of execution to issue.

 

1-32-105. Writ of partition directed to sheriff; contents;administering oath to commissioners.

 

Thewrit of partition may be directed to the sheriff of any county in which anypart of the estate lies, and shall command him to administer the oaths of thecommissioners, and setoff and divide to the plaintiff or each party in interestsuch part and proportion of the estate as the court shall order.

 

1-32-106. View and examination of estate by commissioners; settingaside under oath.

 

Inmaking the partition, the commissioners must examine the estate and set apartthe same in such lots as will be most advantageous and equitable, having dueregard to the improvements, situation and quality of the different parts.

 

1-32-107. Partition of several tracts.

 

Whenpartition of more than one (1) tract is demanded, the commissioners shall setoff to each plaintiff or party in interest his proper proportion in each of theseveral tracts unless the several tracts are owned by the same proprietors in thesame proportion in each tract, in which case the whole share of any proprietorin all the several tracts may be set off to the proprietor according to thebest discretion of the commissioners.

 

1-32-108. Amicable partition.

 

Beforea writ of partition is issued, the person of whom partition is demanded mayappear in court in person or by attorney and consent to a partition of theestate according to the facts and prayer set forth in the petition. Thisamicable partition, when made and recorded, is valid and binding between theparties thereto.

 

1-32-109. Appraisement required where estate cannot be dividedaccording to writ; return by commissioners; election to take at appraisedvalue.

 

Whenthe commissioners are of the opinion that the estate cannot be dividedaccording to the demand of the writ without manifest injury to its value, theyshall return that fact to the court with a just valuation of the estate. If thecourt approves the return and one (1) or more of the parties elects to take theestate at such appraised value, it shall be adjudged to him upon his paying tothe other parties their proportion of the appraised value according to theirrespective rights, or securing the same as hereinafter provided.

 

1-32-110. Terms of payment upon election to take; execution ofconveyance.

 

Ifone (1) or more of the parties elects to take the estate at the appraisedvalue, unless the court for good cause directs the entire payment to be made incash, or unless all the parties in interest agree to different terms, the termsof payment shall be one-third (1/3) cash, one-third (1/3) in one (1) year andone-third (1/3) in two (2) years, with interest, the deferred payments to besecured to the satisfaction of the court. On payment in full or in part withsufficient security for the remainder, the sheriff shall make and execute aconveyance to the party electing to take the same according to the order of thecourt.

 

1-32-111. Order for sale of estate in absence of election to take.

 

Ifno election to take the estate at the appraised value is made, at the instanceof a party the court may order the sale thereof at public auction by thesheriff who executed the writ of partition or his successor.

 

1-32-112. Conduct and terms of sale.

 

Allsuch sales shall be made at the courthouse unless the court for good causedirects it to be made on the premises. The sale shall be conducted in allrespects as a sale upon execution except that it is not necessary to appraisethe estate. The estate shall not be sold for less than two-thirds (2/3) of itsappraised value as returned by the commissioners. Unless the court directs forgood cause the entire payment to be made in cash, the purchase money is payableone-third (1/3) on the day of sale, one-third (1/3) in one (1) year andone-third (1/3) in two (2) years, with interest.

 

1-32-113. Return by sheriff of proceedings of sale; confirmation bycourt; execution of deed of conveyance.

 

Onthe return by the sheriff of his proceedings the court shall examine the same.If a sale has been made and the court approves the sale, on receiving paymentof the consideration money or taking sufficient security therefor to thesatisfaction of the court, the sheriff shall execute and deliver a deed to thepurchaser.

 

1-32-114. Distribution of proceeds of sale or election to take;liability of sheriff and his sureties.

 

Themoney or securities arising from a sale of or an election to take the estateshall be distributed and paid by order of the court to the parties entitledthereto, in lieu of their respective parts and proportions of the estate andaccording to their just rights therein. All receipts of money or securities bythe sheriff shall be in his official capacity, and his sureties on his officialbond are liable for any misapplication thereof.

 

1-32-115. Alias writ for sale; reappraisement by disinterestedpersons; sale with or without revaluation.

 

Whenthe estate has been once offered and not sold, an alias writ for the salethereof may be issued as often as need be. The court may order a reappraisementby three (3) disinterested persons of the vicinity appointed by the court, anddirect a sale of the estate at not less than two-thirds (2/3) of such appraisedvalue, or if the court deem it for the interest of the parties, may order asale without such reappraisement at not less than a sum it may fix.

 

1-32-116. Succeeding officer may make deed.

 

Whena conveyance is not made by the officer who made the sale, the court beingsatisfied that the sale or election was regularly made and the purchase moneyhas been fully paid or secured, may order the sheriff of the county or officerperforming his duties to execute and deliver to the purchaser or personelecting to take the property a deed for the lands sold or taken.

 

1-32-117. Guardian may act for ward.

 

Theguardian of a minor or other person under legal disability may on behalf of hisward do and perform any act respecting the partition of an estate which theminor or other person under legal disability could do. He may elect, on behalfof the ward, to take the estate when the same cannot be divided without injury,and make payments therefor on behalf of the ward.

 

1-32-118. Powers of foreign guardian.

 

Aperson appointed according to the laws of any other state or country to takecharge of the estate of a person under legal disability not a resident of thisstate, upon being duly authorized in this state to take charge of the estatesituate in this state, may act in the partition of the estate to the sameextent that the guardian of a person under legal disability is authorized toact by W.S. 1-32-117.

 

1-32-119. Actions by 1 tenant in common or coparcener against another.

 

One(1) tenant in common or coparcener may recover from another his share of rentsand profits received by the tenant in common or coparcener from the estate. One(1) parcener may maintain an action of waste against another, but no parcenershall possess any privileges over another in any election, division, partitionor matter to be made or done concerning lands which have descended.

 

1-32-120. Partition of property of religious corporations.

 

Whentwo (2) or more religious denominations or other societies or associations haveunited in a corporation and as a corporation acquire title to real estate inthis state, and subsequently agree to separate and form two (2) or moreseparate corporations, either corporation after the separate organization mayfile its petition for partition of property so acquired and held.

 

1-32-121. Partition of property of religious societies.

 

Whentwo (2) or more religious societies or congregations have acquired in commonland upon which to erect a house of public worship, buildings for church orschool purposes, or for a cemetery, and either desires to abandon the joint useof the property, it may commence an action for the partition of the commonproperty except the cemetery, which may continue to be used in common.

 

1-32-122. Costs and expenses to be equitably taxed.

 

Thecourt shall tax the costs and expenses which accrue in the action includingreasonable attorney's fees for plaintiff's attorney or any other attorneyrendering service in the case for the common benefit of all the parties.

 

ARTICLE 2 - QUIETING TITLE, EJECTMENT, RIGHTS OF OCCUPYINGCLAIMANTS

 

1-32-201. Action to quiet title.

 

Anaction may be brought by a person in possession of real property against anyperson who claims an estate or interest therein adverse to him, for the purposeof determining the adverse estate or interest. The person bringing the actionmay hold possession himself or by his tenant.

 

1-32-202. Petition in actions to recover realty; sufficiency.

 

Inan action to recover real property it is sufficient if the plaintiff's petitionstates that he has a legal estate in and is entitled to possession of the realproperty, describing the same with sufficient certainty as to enable an officerholding an execution to identify it, and that the defendant unlawfully keepshim out of possession. It is not necessary to state how the plaintiff's estate orownership is derived.

 

1-32-203. Petition in action to recover realty; answer.

 

Itis sufficient if the defendant's answer denies generally the title alleged inthe petition or that he withholds the possession, but if he denies the title ofthe plaintiff, possession by the defendant shall be taken as admitted. When hedoes not defend for the whole premises, the answer shall describe theparticular part for which defense is made.

 

1-32-204. Petition in action against cotenant.

 

Ifthe action is by a tenant in common against a cotenant, the plaintiff muststate that the defendant either denied the plaintiff's right or did some actamounting to such denial.

 

1-32-205. Recovery when right terminates during action.

 

Inan action for the recovery of real property when the plaintiff shows a right torecover at the time the action was commenced but his right has terminatedduring the pendency of the action, the verdict and judgment must be accordingto the fact and the plaintiff may recover for withholding the property.

 

1-32-206. Benefit of occupying claimant law.

 

Partiesin an action for the recovery of real property may avail themselves of thestatutes for the relief of occupying claimants of land.

 

1-32-207. Conditions under which occupying claimant to be paid forimprovements.

 

(a) A person in quiet possession of land or tenement who claimsto own the land and who has obtained title to and is in possession of the landwithout fraud or collusion on his part, shall not be evicted or turned out ofpossession by any person who proves an adverse and better title until theoccupying claimant or his heirs are fully paid the value of all lasting andvaluable improvements made on the land by him or by the person under whom heholds, previous to receiving actual notice by the commencement of suit on theadverse claim under which eviction may be effected, unless the occupyingclaimant refuses to pay to the person proving an adverse and better title thevalue of the land, without improvements made thereon, upon demand of thesuccessful claimant or his heirs as hereinafter provided:

 

(i) If the occupying claimant holds a plain and connected titlein law or equity, derived from the records of a public office;

 

(ii) If he holds the same by deed, devise, descent, contract,bond or agreement from and under a person claiming title as aforesaid, derivedfrom the records of a public office, or by deed duly authenticated andrecorded;

 

(iii) If he holds under sale on execution against a personclaiming title as aforesaid, derived from the records of a public office, or bydeed duly authenticated and recorded;

 

(iv) If he holds under a sale for taxes authorized by the lawsof this state; or

 

(v) If he holds under a sale and conveyance made by executors,administrators or guardians or by any other person in pursuance of an order ofcourt where lands are or have been directed to be sold.

 

1-32-208. Conditions under which occupying claimant to be paid forimprovements; tax title sufficient to protect occupant.

 

(a) The title by which the successful claimant succeeds againstthe occupying claimant in all cases of lands sold for taxes by virtue of anylaw of this state shall be considered an adverse and better title, under theprovisions of W.S. 1-32-207, whether it is the title under which taxes were dueand for which the land was sold, or any other title or claim.

 

(b) The occupying claimant holding possession of land sold fortaxes, having the deed of a collector of taxes or county treasurer therefor ora certificate of the sale from a collector of taxes or a county treasurer, orclaiming under the person who holds the deed or certificate shall be consideredas having sufficient title to the land to demand the value of improvements asprovided by law.

 

1-32-209. Entry of claim against occupying claimant; subsequentprocedure.

 

Atthe request of either party, the court rendering judgment against the occupyingclaimant shall cause a docket entry thereof to be made, and the cause shallthen proceed as do other civil actions.

 

1-32-210. Question of fact to be tried by jury upon request; view ofpremises; findings; trial by court without jury.

 

(a) An occupying claimant desiring a jury trial shall have five(5) days and the opposite party ten (10) days after the rendering of thejudgment as provided in W.S. 1-32-209 to demand a jury and deposit a jury feeas in civil actions. If no jury is demanded the case shall be tried by thecourt.

 

(b) For the trial of the question of fact a jury, if demanded,shall view the premises in question. From the view and the testimony, the juryshall find in their verdict:

 

(i) The reasonable value of the permanent and valuableimprovements made on the land previous to the occupying claimant's receipt ofactual notice of the adverse claim of the plaintiff;

 

(ii) The damages, if any, the land has sustained by waste,including the value of the timber or other valuable material removed ordestroyed; and

 

(iii) The net annual value of the rents and profits of the landaccruing after the occupying claimant received notice of claim by service ofsummons.

 

(c) The jury shall find the value of the land at the timejudgment was rendered with the improvements thereon and its value without theimprovements or damages sustained by waste and return their verdict in opencourt.

 

1-32-211. Setting aside verdict and judgment.

 

Theverdict of the jury or judgment of the court are subject to the same rules forsetting aside verdicts and judgments as provided in any other civil action.

 

1-32-212. Judgment on report of jury in favor of plaintiff inejectment.

 

Ifthe jury reports a sum in favor of the plaintiff in ejectment on the assessmentand valuation of the valuable improvements, the assessment of damages for wasteand the net annual value of the rents and profits, the court shall renderjudgment therefor and issue execution thereon. If no such excess be reportedthe plaintiff in ejectment is barred from having or maintaining an action formesne profits.

 

1-32-213. Proceedings if report of jury is for occupying claimant.

 

Ifthe jury reports a sum in favor of the occupying claimant on the assessment andvaluation of the valuable improvements, deducting therefrom any damagessustained by waste and the net annual value of the rents and profits which theoccupying claimant has received after the commencement of the action, thesuccessful claimant or his heirs may either demand of the occupying claimantthe value of the land without the improvements so assessed and tender a deed ofthe land to the occupying claimant, or may pay the occupying claimant the sumallowed by the jury in his favor, within such reasonable time as the courtshall allow.

 

1-32-214. Writ of possession to issue on payment for improvements.

 

Ifthe successful claimant, his heirs or their guardians elect to pay to theoccupying claimant the sum reported in his favor by the jury, a writ ofpossession shall issue in favor of the successful claimant, his heirs or theirguardians.

 

1-32-215. Writ of possession to issue if deed tendered and paymentrefused.

 

Ifthe successful claimant, his heirs or their guardians elect to receive thevalue of the land without improvements, assessed to be paid by the occupyingclaimant, and tender a general warranty deed conveying their adverse or bettertitle within the time allowed by the court for the payment of money, and theoccupying claimant refuses or neglects to pay the successful claimant, hisheirs or their guardians within the time limited, a writ of possession shallissue in favor of the successful claimant, his heirs or their guardians.

 

1-32-216. Occupying claimant and heirs not to be evicted except asprovided in W.S. 1-32-214 and 1-32-215; right to bring action for title.

 

Theoccupying claimant or his heirs shall not be evicted from possession of theland except as provided in W.S. 1-32-214 and 1-32-215 where application is madefor the value of improvements. When an election is made by the successfulclaimant, his heirs or their guardians to surrender lands under the provisionsof W.S. 1-32-207 through 1-32-216 the occupying claimant or his heirs may, atany time after payment is made, bring an action in the court where judgment ofeviction was obtained, and obtain judgment for the title of the land if it hasnot been previously conveyed to the occupant.

 

ARTICLE 3 - SALE OR LEASE OF CERTAIN INTERESTS

 

1-32-301. Authorization to sell qualified fee.

 

Inan action by the owner of any qualified or conditional fee or any otherqualified, conditional or determinable interest, or by a person claiming undersuch owner, or by the trustees or beneficiaries of an estate held in trust, thedistrict courts may authorize the sale of any estate, whether created by will,deed, contract or descent, when satisfied that a sale would be for the benefit ofthe person holding the first and present estate, interest or use and do nosubstantial injury to the heirs in tail or others in expectancy, succession,reversion or remainder.

 

1-32-302. Requisites of petition; parties.

 

Thepetition shall contain a description of the estate to be sold, a clearstatement of the interest of the plaintiff, and a copy of the will, deed orother instrument of writing by which the estate is created. All persons inbeing who are interested in the estate or who may by the terms of the will,deed or other instrument creating the estate become interested as heir,reversioner or otherwise, shall be made parties to the petition. If the name orresidence of any person who ought to be made a party is unknown to theplaintiff, the fact shall be verified by the affidavit of the plaintiff and thesale may be ordered notwithstanding such names and residences are unknown.

 

1-32-303. Hearing of petition; order for and effect of sale.

 

Uponhearing the petition if it is shown a sale of the estate would be for thebenefit of the tenant in tail or for life, and do no substantial injury to theheirs in tail or others in expectancy, succession, reversion or remainder, thecourt shall direct a sale of the estate to be made and the manner thereof, andshall appoint some suitable person to make the sale. The sale shall vest theestate sold in the purchaser, freed from the entailment, limitation orcondition.

 

1-32-304. Sale by consent of parties; right of guardians to assent inplace of wards.

 

Allparties in interest may appear voluntarily and consent in writing to the sale.Testamentary guardians and guardians appointed by the court may consent inplace of their wards.

 

1-32-305. Report of sale to court; confirmation; conveyance ofpremises upon payment of purchase money.

 

Allsales shall be reported to the court authorizing them. If on examination itappears that the sale was fairly conducted and the price obtained is thereasonable value of the estate sold, the court shall confirm the sale anddirect a deed of conveyance be made to the purchaser on payment of the purchasemoney, or on securing the payment thereof in a manner approved by the court.

 

1-32-306. Proceeds to descend like estate sold.

 

Forpurposes of descent, succession, reversion or remainder, all monies arisingfrom the sale have the same character and are governed by the same principlesas the estate sold, and pass according to the terms of the deed, will or otherinstrument creating the estate.

 

1-32-307. Investment of proceeds of sale; reinvestment in other realestate; descent; appointment of trustees to make investments; security requiredof trustees.

 

(a) Money arising from the sales shall be invested, under thedirection and supervision of the court, in the certificates of the funded debtof this state or of the United States, or in bonds secured by mortgage onunencumbered real estate situated in the proper county of double the value ofthe money secured thereby, exclusive of buildings and other improvements and oftimber, mines and minerals. The court may order the money to be reinvested inother real estate within this state under such restrictions as it mayprescribe, which investments shall be reported to the court and subject to itsapproval and confirmation.

 

(b) For purposes of descent, succession, reversion or remainderthe real estate in which the money is reinvested shall have the same characterand be governed by the same principles as the estate sold, and shall passaccording to the terms of the deed, will or other instrument creating theestate sold.

 

(c) The court shall appoint competent trustees to invest andmanage the money who from time to time shall report to the court theirproceedings and the condition of the fund. The court shall require of the trusteessecurity for the faithful discharge of their duty and may from time to timerequire additional security, remove the trustees for cause or reasonableapprehension thereof and may accept the resignation of a trustee and fill avacancy by a new appointment.

 

1-32-308. Use of income; taxes and expenses.

 

Thenet income accruing from sales shall be paid to the person who would beentitled to the use or income of the estate, were the same unsold. All taxesand the expenses of investment and management of the fund shall be paid by theperson entitled to the income thereof.

 

1-32-309. Right to lease estate for term of years; rents and profits.

 

Uponlike proceedings the court may direct that the estate be leased for a term ofyears, renewable or otherwise, as may appear most beneficial and equitable. Therents and profits shall be paid to the person who might otherwise be entitledto the use and occupancy of the estate or the income thereof.

 

1-32-310. Sale of property given or purchased for religious use; generally.

 

Whenany real estate except burial grounds of a cemetery has been donated,bequeathed or otherwise entrusted to or purchased by any person or trustee forany public religious use but not to or for use of any particular religiousdenomination, or when the same has been donated, bequeathed, entrusted to orpurchased by a particular religious denomination and has been abandoned forsuch use, the district court of the county in which the real estate is located,upon good cause shown upon the petition of any citizen of the vicinity, maymake an order for the sale of the property whether the same has been built uponor otherwise improved or not, and may make the order as to costs anddisposition of the proceeds of the sale of the religious or other public use asshall be just, proper and equitable. The purchaser shall be invested with asfull and complete a title thereto as the character of the original grant forthe religious use will allow.

 

1-32-311. Sale of property given or purchased for religious use;necessary parties to proceeding.

 

Allpersons who have a vested, contingent or reversionary interest in the realestate and the trustees or other officers of any religious society then usingthe same shall be made parties to the petition and be notified of the filingand pendency thereof as in a civil action.

 

ARTICLE 4 - SPECIFIC PERFORMANCE; ACTIONS FOR PURCHASE MONEY

 

1-32-401. Completion of contract by survivors.

 

Whentwo (2) or more persons who own an interest in land become bound in writing forits sale and conveyance and one (1) of them dies before the land is conveyed,the survivor may by petition against the purchaser and the heirs or devisees ofthe deceased party, be authorized to complete the contract.

 

1-32-402. Requisites of petition; copy of contract to be annexed.

 

Thepetition must set forth the names of the contracting parties, describe thelands contracted for, state the time the contract was made, that the contracthas been fully performed by the purchaser and have annexed a copy of thecontract.

 

1-32-403. Findings of court; order authorizing completion of contract;requirements and effect of deed.

 

Ifthe court finds the allegations of the petition to be true, it may order thesurvivors to complete the contract by conveying the land. The deed shall recitethe order and shall convey as complete and perfect a title and have the sameeffect as if executed by all the owners.

 

1-32-404. Heirs and devisees may ask completion.

 

Theheirs at law or devisees of a person who purchased an interest in land bywritten contract and died before conveyance thereof to him, may compelconveyance as the deceased might have done.

 

1-32-405. Recoupment of vendee in action for purchase money.

 

(a) In actions for the recovery of purchase money for realestate by vendor against vendee, the vendee may, notwithstanding his continuedpossession, set up by way of counterclaim, any breach of the covenants of titleacquired by him from the vendor and make any person claiming an adverse estateor interest therein party to the action. Upon the hearing the vendee may recoupagainst the vendor's demand the present worth of any existing lien orencumbrance thereon.

 

(b) If the adverse estate or interest is an estate in reversionor remainder or contingent upon a future event, the court may:

 

(i) Order the vendee with his assent to surrender possession tohis vendor upon the repayment of so much of the purchase money as has beenpaid, with interest; or

 

(ii) Direct the payment of the purchase money claimed in theaction, upon the vendor giving bond in double the amount thereof with two (2)or more sureties approved by the court, conditioned for the repayment of thesame with interest if the vendee or his privies are subsequently evicted byreason of the defect.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title1 > Chapter32

CHAPTER 32 - REAL PROPERTY

 

ARTICLE 1 - PARTITION

 

1-32-101. Who compelled to make partition.

 

Tenantsin common and coparceners of any estate of lands, tenements or hereditamentswithin the state may be compelled to make a partition thereof as hereinafterprescribed.

 

1-32-102. Where proceedings to be had.

 

Whenthe estate is situated in one (1) county the proceedings shall be had in thatcounty, and when situated in two (2) or more counties the proceedings may behad in any county in which a part of the estate is situated.

 

1-32-103. Filing and contents of petition.

 

Aperson entitled to partition of an estate may file his petition in the districtcourt setting forth the nature of his title, a description of the lands,tenements or hereditaments of which partition is demanded, and naming eachtenant in common, coparcener or other interested person as defendant.

 

1-32-104. Finding of court; order for partition; appointment ofcommissioners; ordering writ of execution to issue.

 

Ifthe court finds that the plaintiff has a legal right to any part of the estate,it shall order partition in favor of the plaintiff or all parties in interest,appoint three (3) disinterested persons of the vicinity to be commissioners tomake the partition and order a writ of execution to issue.

 

1-32-105. Writ of partition directed to sheriff; contents;administering oath to commissioners.

 

Thewrit of partition may be directed to the sheriff of any county in which anypart of the estate lies, and shall command him to administer the oaths of thecommissioners, and setoff and divide to the plaintiff or each party in interestsuch part and proportion of the estate as the court shall order.

 

1-32-106. View and examination of estate by commissioners; settingaside under oath.

 

Inmaking the partition, the commissioners must examine the estate and set apartthe same in such lots as will be most advantageous and equitable, having dueregard to the improvements, situation and quality of the different parts.

 

1-32-107. Partition of several tracts.

 

Whenpartition of more than one (1) tract is demanded, the commissioners shall setoff to each plaintiff or party in interest his proper proportion in each of theseveral tracts unless the several tracts are owned by the same proprietors in thesame proportion in each tract, in which case the whole share of any proprietorin all the several tracts may be set off to the proprietor according to thebest discretion of the commissioners.

 

1-32-108. Amicable partition.

 

Beforea writ of partition is issued, the person of whom partition is demanded mayappear in court in person or by attorney and consent to a partition of theestate according to the facts and prayer set forth in the petition. Thisamicable partition, when made and recorded, is valid and binding between theparties thereto.

 

1-32-109. Appraisement required where estate cannot be dividedaccording to writ; return by commissioners; election to take at appraisedvalue.

 

Whenthe commissioners are of the opinion that the estate cannot be dividedaccording to the demand of the writ without manifest injury to its value, theyshall return that fact to the court with a just valuation of the estate. If thecourt approves the return and one (1) or more of the parties elects to take theestate at such appraised value, it shall be adjudged to him upon his paying tothe other parties their proportion of the appraised value according to theirrespective rights, or securing the same as hereinafter provided.

 

1-32-110. Terms of payment upon election to take; execution ofconveyance.

 

Ifone (1) or more of the parties elects to take the estate at the appraisedvalue, unless the court for good cause directs the entire payment to be made incash, or unless all the parties in interest agree to different terms, the termsof payment shall be one-third (1/3) cash, one-third (1/3) in one (1) year andone-third (1/3) in two (2) years, with interest, the deferred payments to besecured to the satisfaction of the court. On payment in full or in part withsufficient security for the remainder, the sheriff shall make and execute aconveyance to the party electing to take the same according to the order of thecourt.

 

1-32-111. Order for sale of estate in absence of election to take.

 

Ifno election to take the estate at the appraised value is made, at the instanceof a party the court may order the sale thereof at public auction by thesheriff who executed the writ of partition or his successor.

 

1-32-112. Conduct and terms of sale.

 

Allsuch sales shall be made at the courthouse unless the court for good causedirects it to be made on the premises. The sale shall be conducted in allrespects as a sale upon execution except that it is not necessary to appraisethe estate. The estate shall not be sold for less than two-thirds (2/3) of itsappraised value as returned by the commissioners. Unless the court directs forgood cause the entire payment to be made in cash, the purchase money is payableone-third (1/3) on the day of sale, one-third (1/3) in one (1) year andone-third (1/3) in two (2) years, with interest.

 

1-32-113. Return by sheriff of proceedings of sale; confirmation bycourt; execution of deed of conveyance.

 

Onthe return by the sheriff of his proceedings the court shall examine the same.If a sale has been made and the court approves the sale, on receiving paymentof the consideration money or taking sufficient security therefor to thesatisfaction of the court, the sheriff shall execute and deliver a deed to thepurchaser.

 

1-32-114. Distribution of proceeds of sale or election to take;liability of sheriff and his sureties.

 

Themoney or securities arising from a sale of or an election to take the estateshall be distributed and paid by order of the court to the parties entitledthereto, in lieu of their respective parts and proportions of the estate andaccording to their just rights therein. All receipts of money or securities bythe sheriff shall be in his official capacity, and his sureties on his officialbond are liable for any misapplication thereof.

 

1-32-115. Alias writ for sale; reappraisement by disinterestedpersons; sale with or without revaluation.

 

Whenthe estate has been once offered and not sold, an alias writ for the salethereof may be issued as often as need be. The court may order a reappraisementby three (3) disinterested persons of the vicinity appointed by the court, anddirect a sale of the estate at not less than two-thirds (2/3) of such appraisedvalue, or if the court deem it for the interest of the parties, may order asale without such reappraisement at not less than a sum it may fix.

 

1-32-116. Succeeding officer may make deed.

 

Whena conveyance is not made by the officer who made the sale, the court beingsatisfied that the sale or election was regularly made and the purchase moneyhas been fully paid or secured, may order the sheriff of the county or officerperforming his duties to execute and deliver to the purchaser or personelecting to take the property a deed for the lands sold or taken.

 

1-32-117. Guardian may act for ward.

 

Theguardian of a minor or other person under legal disability may on behalf of hisward do and perform any act respecting the partition of an estate which theminor or other person under legal disability could do. He may elect, on behalfof the ward, to take the estate when the same cannot be divided without injury,and make payments therefor on behalf of the ward.

 

1-32-118. Powers of foreign guardian.

 

Aperson appointed according to the laws of any other state or country to takecharge of the estate of a person under legal disability not a resident of thisstate, upon being duly authorized in this state to take charge of the estatesituate in this state, may act in the partition of the estate to the sameextent that the guardian of a person under legal disability is authorized toact by W.S. 1-32-117.

 

1-32-119. Actions by 1 tenant in common or coparcener against another.

 

One(1) tenant in common or coparcener may recover from another his share of rentsand profits received by the tenant in common or coparcener from the estate. One(1) parcener may maintain an action of waste against another, but no parcenershall possess any privileges over another in any election, division, partitionor matter to be made or done concerning lands which have descended.

 

1-32-120. Partition of property of religious corporations.

 

Whentwo (2) or more religious denominations or other societies or associations haveunited in a corporation and as a corporation acquire title to real estate inthis state, and subsequently agree to separate and form two (2) or moreseparate corporations, either corporation after the separate organization mayfile its petition for partition of property so acquired and held.

 

1-32-121. Partition of property of religious societies.

 

Whentwo (2) or more religious societies or congregations have acquired in commonland upon which to erect a house of public worship, buildings for church orschool purposes, or for a cemetery, and either desires to abandon the joint useof the property, it may commence an action for the partition of the commonproperty except the cemetery, which may continue to be used in common.

 

1-32-122. Costs and expenses to be equitably taxed.

 

Thecourt shall tax the costs and expenses which accrue in the action includingreasonable attorney's fees for plaintiff's attorney or any other attorneyrendering service in the case for the common benefit of all the parties.

 

ARTICLE 2 - QUIETING TITLE, EJECTMENT, RIGHTS OF OCCUPYINGCLAIMANTS

 

1-32-201. Action to quiet title.

 

Anaction may be brought by a person in possession of real property against anyperson who claims an estate or interest therein adverse to him, for the purposeof determining the adverse estate or interest. The person bringing the actionmay hold possession himself or by his tenant.

 

1-32-202. Petition in actions to recover realty; sufficiency.

 

Inan action to recover real property it is sufficient if the plaintiff's petitionstates that he has a legal estate in and is entitled to possession of the realproperty, describing the same with sufficient certainty as to enable an officerholding an execution to identify it, and that the defendant unlawfully keepshim out of possession. It is not necessary to state how the plaintiff's estate orownership is derived.

 

1-32-203. Petition in action to recover realty; answer.

 

Itis sufficient if the defendant's answer denies generally the title alleged inthe petition or that he withholds the possession, but if he denies the title ofthe plaintiff, possession by the defendant shall be taken as admitted. When hedoes not defend for the whole premises, the answer shall describe theparticular part for which defense is made.

 

1-32-204. Petition in action against cotenant.

 

Ifthe action is by a tenant in common against a cotenant, the plaintiff muststate that the defendant either denied the plaintiff's right or did some actamounting to such denial.

 

1-32-205. Recovery when right terminates during action.

 

Inan action for the recovery of real property when the plaintiff shows a right torecover at the time the action was commenced but his right has terminatedduring the pendency of the action, the verdict and judgment must be accordingto the fact and the plaintiff may recover for withholding the property.

 

1-32-206. Benefit of occupying claimant law.

 

Partiesin an action for the recovery of real property may avail themselves of thestatutes for the relief of occupying claimants of land.

 

1-32-207. Conditions under which occupying claimant to be paid forimprovements.

 

(a) A person in quiet possession of land or tenement who claimsto own the land and who has obtained title to and is in possession of the landwithout fraud or collusion on his part, shall not be evicted or turned out ofpossession by any person who proves an adverse and better title until theoccupying claimant or his heirs are fully paid the value of all lasting andvaluable improvements made on the land by him or by the person under whom heholds, previous to receiving actual notice by the commencement of suit on theadverse claim under which eviction may be effected, unless the occupyingclaimant refuses to pay to the person proving an adverse and better title thevalue of the land, without improvements made thereon, upon demand of thesuccessful claimant or his heirs as hereinafter provided:

 

(i) If the occupying claimant holds a plain and connected titlein law or equity, derived from the records of a public office;

 

(ii) If he holds the same by deed, devise, descent, contract,bond or agreement from and under a person claiming title as aforesaid, derivedfrom the records of a public office, or by deed duly authenticated andrecorded;

 

(iii) If he holds under sale on execution against a personclaiming title as aforesaid, derived from the records of a public office, or bydeed duly authenticated and recorded;

 

(iv) If he holds under a sale for taxes authorized by the lawsof this state; or

 

(v) If he holds under a sale and conveyance made by executors,administrators or guardians or by any other person in pursuance of an order ofcourt where lands are or have been directed to be sold.

 

1-32-208. Conditions under which occupying claimant to be paid forimprovements; tax title sufficient to protect occupant.

 

(a) The title by which the successful claimant succeeds againstthe occupying claimant in all cases of lands sold for taxes by virtue of anylaw of this state shall be considered an adverse and better title, under theprovisions of W.S. 1-32-207, whether it is the title under which taxes were dueand for which the land was sold, or any other title or claim.

 

(b) The occupying claimant holding possession of land sold fortaxes, having the deed of a collector of taxes or county treasurer therefor ora certificate of the sale from a collector of taxes or a county treasurer, orclaiming under the person who holds the deed or certificate shall be consideredas having sufficient title to the land to demand the value of improvements asprovided by law.

 

1-32-209. Entry of claim against occupying claimant; subsequentprocedure.

 

Atthe request of either party, the court rendering judgment against the occupyingclaimant shall cause a docket entry thereof to be made, and the cause shallthen proceed as do other civil actions.

 

1-32-210. Question of fact to be tried by jury upon request; view ofpremises; findings; trial by court without jury.

 

(a) An occupying claimant desiring a jury trial shall have five(5) days and the opposite party ten (10) days after the rendering of thejudgment as provided in W.S. 1-32-209 to demand a jury and deposit a jury feeas in civil actions. If no jury is demanded the case shall be tried by thecourt.

 

(b) For the trial of the question of fact a jury, if demanded,shall view the premises in question. From the view and the testimony, the juryshall find in their verdict:

 

(i) The reasonable value of the permanent and valuableimprovements made on the land previous to the occupying claimant's receipt ofactual notice of the adverse claim of the plaintiff;

 

(ii) The damages, if any, the land has sustained by waste,including the value of the timber or other valuable material removed ordestroyed; and

 

(iii) The net annual value of the rents and profits of the landaccruing after the occupying claimant received notice of claim by service ofsummons.

 

(c) The jury shall find the value of the land at the timejudgment was rendered with the improvements thereon and its value without theimprovements or damages sustained by waste and return their verdict in opencourt.

 

1-32-211. Setting aside verdict and judgment.

 

Theverdict of the jury or judgment of the court are subject to the same rules forsetting aside verdicts and judgments as provided in any other civil action.

 

1-32-212. Judgment on report of jury in favor of plaintiff inejectment.

 

Ifthe jury reports a sum in favor of the plaintiff in ejectment on the assessmentand valuation of the valuable improvements, the assessment of damages for wasteand the net annual value of the rents and profits, the court shall renderjudgment therefor and issue execution thereon. If no such excess be reportedthe plaintiff in ejectment is barred from having or maintaining an action formesne profits.

 

1-32-213. Proceedings if report of jury is for occupying claimant.

 

Ifthe jury reports a sum in favor of the occupying claimant on the assessment andvaluation of the valuable improvements, deducting therefrom any damagessustained by waste and the net annual value of the rents and profits which theoccupying claimant has received after the commencement of the action, thesuccessful claimant or his heirs may either demand of the occupying claimantthe value of the land without the improvements so assessed and tender a deed ofthe land to the occupying claimant, or may pay the occupying claimant the sumallowed by the jury in his favor, within such reasonable time as the courtshall allow.

 

1-32-214. Writ of possession to issue on payment for improvements.

 

Ifthe successful claimant, his heirs or their guardians elect to pay to theoccupying claimant the sum reported in his favor by the jury, a writ ofpossession shall issue in favor of the successful claimant, his heirs or theirguardians.

 

1-32-215. Writ of possession to issue if deed tendered and paymentrefused.

 

Ifthe successful claimant, his heirs or their guardians elect to receive thevalue of the land without improvements, assessed to be paid by the occupyingclaimant, and tender a general warranty deed conveying their adverse or bettertitle within the time allowed by the court for the payment of money, and theoccupying claimant refuses or neglects to pay the successful claimant, hisheirs or their guardians within the time limited, a writ of possession shallissue in favor of the successful claimant, his heirs or their guardians.

 

1-32-216. Occupying claimant and heirs not to be evicted except asprovided in W.S. 1-32-214 and 1-32-215; right to bring action for title.

 

Theoccupying claimant or his heirs shall not be evicted from possession of theland except as provided in W.S. 1-32-214 and 1-32-215 where application is madefor the value of improvements. When an election is made by the successfulclaimant, his heirs or their guardians to surrender lands under the provisionsof W.S. 1-32-207 through 1-32-216 the occupying claimant or his heirs may, atany time after payment is made, bring an action in the court where judgment ofeviction was obtained, and obtain judgment for the title of the land if it hasnot been previously conveyed to the occupant.

 

ARTICLE 3 - SALE OR LEASE OF CERTAIN INTERESTS

 

1-32-301. Authorization to sell qualified fee.

 

Inan action by the owner of any qualified or conditional fee or any otherqualified, conditional or determinable interest, or by a person claiming undersuch owner, or by the trustees or beneficiaries of an estate held in trust, thedistrict courts may authorize the sale of any estate, whether created by will,deed, contract or descent, when satisfied that a sale would be for the benefit ofthe person holding the first and present estate, interest or use and do nosubstantial injury to the heirs in tail or others in expectancy, succession,reversion or remainder.

 

1-32-302. Requisites of petition; parties.

 

Thepetition shall contain a description of the estate to be sold, a clearstatement of the interest of the plaintiff, and a copy of the will, deed orother instrument of writing by which the estate is created. All persons inbeing who are interested in the estate or who may by the terms of the will,deed or other instrument creating the estate become interested as heir,reversioner or otherwise, shall be made parties to the petition. If the name orresidence of any person who ought to be made a party is unknown to theplaintiff, the fact shall be verified by the affidavit of the plaintiff and thesale may be ordered notwithstanding such names and residences are unknown.

 

1-32-303. Hearing of petition; order for and effect of sale.

 

Uponhearing the petition if it is shown a sale of the estate would be for thebenefit of the tenant in tail or for life, and do no substantial injury to theheirs in tail or others in expectancy, succession, reversion or remainder, thecourt shall direct a sale of the estate to be made and the manner thereof, andshall appoint some suitable person to make the sale. The sale shall vest theestate sold in the purchaser, freed from the entailment, limitation orcondition.

 

1-32-304. Sale by consent of parties; right of guardians to assent inplace of wards.

 

Allparties in interest may appear voluntarily and consent in writing to the sale.Testamentary guardians and guardians appointed by the court may consent inplace of their wards.

 

1-32-305. Report of sale to court; confirmation; conveyance ofpremises upon payment of purchase money.

 

Allsales shall be reported to the court authorizing them. If on examination itappears that the sale was fairly conducted and the price obtained is thereasonable value of the estate sold, the court shall confirm the sale anddirect a deed of conveyance be made to the purchaser on payment of the purchasemoney, or on securing the payment thereof in a manner approved by the court.

 

1-32-306. Proceeds to descend like estate sold.

 

Forpurposes of descent, succession, reversion or remainder, all monies arisingfrom the sale have the same character and are governed by the same principlesas the estate sold, and pass according to the terms of the deed, will or otherinstrument creating the estate.

 

1-32-307. Investment of proceeds of sale; reinvestment in other realestate; descent; appointment of trustees to make investments; security requiredof trustees.

 

(a) Money arising from the sales shall be invested, under thedirection and supervision of the court, in the certificates of the funded debtof this state or of the United States, or in bonds secured by mortgage onunencumbered real estate situated in the proper county of double the value ofthe money secured thereby, exclusive of buildings and other improvements and oftimber, mines and minerals. The court may order the money to be reinvested inother real estate within this state under such restrictions as it mayprescribe, which investments shall be reported to the court and subject to itsapproval and confirmation.

 

(b) For purposes of descent, succession, reversion or remainderthe real estate in which the money is reinvested shall have the same characterand be governed by the same principles as the estate sold, and shall passaccording to the terms of the deed, will or other instrument creating theestate sold.

 

(c) The court shall appoint competent trustees to invest andmanage the money who from time to time shall report to the court theirproceedings and the condition of the fund. The court shall require of the trusteessecurity for the faithful discharge of their duty and may from time to timerequire additional security, remove the trustees for cause or reasonableapprehension thereof and may accept the resignation of a trustee and fill avacancy by a new appointment.

 

1-32-308. Use of income; taxes and expenses.

 

Thenet income accruing from sales shall be paid to the person who would beentitled to the use or income of the estate, were the same unsold. All taxesand the expenses of investment and management of the fund shall be paid by theperson entitled to the income thereof.

 

1-32-309. Right to lease estate for term of years; rents and profits.

 

Uponlike proceedings the court may direct that the estate be leased for a term ofyears, renewable or otherwise, as may appear most beneficial and equitable. Therents and profits shall be paid to the person who might otherwise be entitledto the use and occupancy of the estate or the income thereof.

 

1-32-310. Sale of property given or purchased for religious use; generally.

 

Whenany real estate except burial grounds of a cemetery has been donated,bequeathed or otherwise entrusted to or purchased by any person or trustee forany public religious use but not to or for use of any particular religiousdenomination, or when the same has been donated, bequeathed, entrusted to orpurchased by a particular religious denomination and has been abandoned forsuch use, the district court of the county in which the real estate is located,upon good cause shown upon the petition of any citizen of the vicinity, maymake an order for the sale of the property whether the same has been built uponor otherwise improved or not, and may make the order as to costs anddisposition of the proceeds of the sale of the religious or other public use asshall be just, proper and equitable. The purchaser shall be invested with asfull and complete a title thereto as the character of the original grant forthe religious use will allow.

 

1-32-311. Sale of property given or purchased for religious use;necessary parties to proceeding.

 

Allpersons who have a vested, contingent or reversionary interest in the realestate and the trustees or other officers of any religious society then usingthe same shall be made parties to the petition and be notified of the filingand pendency thereof as in a civil action.

 

ARTICLE 4 - SPECIFIC PERFORMANCE; ACTIONS FOR PURCHASE MONEY

 

1-32-401. Completion of contract by survivors.

 

Whentwo (2) or more persons who own an interest in land become bound in writing forits sale and conveyance and one (1) of them dies before the land is conveyed,the survivor may by petition against the purchaser and the heirs or devisees ofthe deceased party, be authorized to complete the contract.

 

1-32-402. Requisites of petition; copy of contract to be annexed.

 

Thepetition must set forth the names of the contracting parties, describe thelands contracted for, state the time the contract was made, that the contracthas been fully performed by the purchaser and have annexed a copy of thecontract.

 

1-32-403. Findings of court; order authorizing completion of contract;requirements and effect of deed.

 

Ifthe court finds the allegations of the petition to be true, it may order thesurvivors to complete the contract by conveying the land. The deed shall recitethe order and shall convey as complete and perfect a title and have the sameeffect as if executed by all the owners.

 

1-32-404. Heirs and devisees may ask completion.

 

Theheirs at law or devisees of a person who purchased an interest in land bywritten contract and died before conveyance thereof to him, may compelconveyance as the deceased might have done.

 

1-32-405. Recoupment of vendee in action for purchase money.

 

(a) In actions for the recovery of purchase money for realestate by vendor against vendee, the vendee may, notwithstanding his continuedpossession, set up by way of counterclaim, any breach of the covenants of titleacquired by him from the vendor and make any person claiming an adverse estateor interest therein party to the action. Upon the hearing the vendee may recoupagainst the vendor's demand the present worth of any existing lien orencumbrance thereon.

 

(b) If the adverse estate or interest is an estate in reversionor remainder or contingent upon a future event, the court may:

 

(i) Order the vendee with his assent to surrender possession tohis vendor upon the repayment of so much of the purchase money as has beenpaid, with interest; or

 

(ii) Direct the payment of the purchase money claimed in theaction, upon the vendor giving bond in double the amount thereof with two (2)or more sureties approved by the court, conditioned for the repayment of thesame with interest if the vendee or his privies are subsequently evicted byreason of the defect.

 

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