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Home My WebLink About952617F I ED IN THE DISTRICT COURT OF THE THIRD JUDICIAL D TRIC vs. Civil No. CV- 2010 -12 -DC MAR 122010 IN AND FOR THE COUNTY OF LINCOLN, STATE OF WYOMING SIVIL INVESTMENTS, Plaintiff, GEORGE AND ELAINE DILLEY, Defendants, Declaratory Judgment Civil No. CV- 2010 -12 -DC Page 1 of 4 KENNETH D. ROBERTS CLERK OF DISTRICT COURT 3rd JUDICIAL DISTRICT LINCOLN COUNTY, STATE OF WYOMING 000205 DECLARATORY JUDGMENT The above captioned matter, having come before the Court following entry of default against the Defendant and hearing subsequent thereto on March 10, 2010, the Plaintiff appearing through its' attorney, Michael D. Allen, and the Court, having considered the evidence and being otherwise fully advised in the premises, hereby finds and decrees: 1. On September 9, 2008, the County Clerk for Lincoln County, Wyoming, received for recording a Decree of Divorce. The decree was issued by this Court on September 5, 2008, pursuant to a divorce action between Cecil R. Sivil and Janet S. Sivil in Civil Case No. CV- 2008- 60 -DC. The decree was recorded in Book 704 Pages 420 to 429 on the county records. Additionally there was recorded together with the decree on Page 430 of Book 704 of the records a Quit Claim Deed that was not part of decree. This deed evidences a transfer of certain real property, herein after referred to as Aspen Springs Parcels 3 and 5, from Duncan McCelland to Sivil Investments. These documents were cumulatively assigned the receiving number 942084 by the Lincoln County Clerk. 2. The September 5, 2008, Decree of Divorce in Civil Case No. CV- 2008-60-DC, ostensibly awarded title of the following property to Janet S. Sivil: AspenspringsTRPCL,T21R115S8 (sic); and AspenspringsTRPCL35PT,T21R115S5 (sic). These property descriptions do not match those of Aspen Springs Parcels 3 and 5 as set forth on Page 430 of Book 704 of the Lincoln County Records and, as previously noted, Page 430 was not part of the decree. 3. On September 29, 2008, the County Clerk for Lincoln County, Wyoming, received for recording a General Warranty Deed. This deed was recorded in Book 705 Pages 712 to 715 and assigned the receiving number of 942528 on the records of Lincoln County, Wyoming. This deed purports to transfer title to Aspen Springs Parcels 3 and 5, with the same property description found on Page 430 of Book 704, from Janet Sivil to George and Elaine Dilley. 4. Janet Sivil had no ability to transfer title to Aspen Springs Parcels 3 and 5 as described on Page 430 of Book 704 of the Lincoln County Records because she was not awarded such in the September 5, 2008, Decree of Divorce. 5. It is unnecessary to determine what interest in Aspen Springs Parcels 3 and 5 Janet S. Sivil may have obtained pursuant to the September 5, 2008, Decree of Divorce because the provisions of the decree dividing and awarding property were set aside and made of no effect, nun pro tunc, on October 3, 2008. This Court issued Declaratory Judgment Civil No. CV- 2010 -12 -DC Page 2 of 4 000206 C:00207 an Order Setting Aside Portions of Decree of Divorce in Civil Case No. CV- 2008 -60 -DC on October 3, 2008, setting aside all portions of the decree dividing property, which would have included any possible interest Janet S. Sivil may have received in Aspen Springs Parcels 3 and 5 by virtue of the decree. 6. George and Elaine Dilley could only receive from Janet S. Sivil the individual interest she possessed in Aspen Springs Parcels 3 and 5 at the time of transfer. The Warranty Deed recorded in Book 705 Page 712 on the records of Lincoln County has a date of September 9, 2008, but was not acknowledged by the Dilley's until September 26, 2008, nor by Janet Sivil until September 29, 2008, and was recorded with Lincoln County on September 29, 2008. Irrespective of when the transfer occurred, any potential interest Janet Beck had in Aspen Springs Parcels 3 and 5 was voided by the October 3, 2008, order. The Dilley's had constructive notice of the potential infirmities in the title Janet Sivil transferred them and are not bona fide purchasers. Neither Janet Sivil or George and Elaine Dilley had legal or equitable claim of title to Aspen Springs Parcels 3 and 5 after the October 3, 2008, order in Civil Case No. CV- 2008 -60 -DC was issued. WHEREFORE, it appears from the record that title to Aspen Springs Parcels 3 and 5 was held by Sivil Investments immediately prior to the issuance of the Decree of Divorce on September 5, 2008, in Civil Case No. CV- 2008- 60 -DC; that any purported transfer of that title pursuant to the decree has been made of no effect; and, that there has been no valid, continuing transfer of title in the intervening time. Therefore legal and equitable title to Aspen Springs Parcels 3 and 5 is held by Sivil Investments. This Declaratory Judgment shall be recorded in the records of Lincoln County, Wyoming, and shall be evidence of Declaratory Judgment Civil No. CV- 2010 -12 -DC Page 3 of 4 Sivil Investments' possession of valid title to Aspen Springs Parcels 3 and 5, the full legal description of which is found on the records of Lincoln County in Book 704 Page 430 and in Book 274PR Page 37. DATED this 6 day of March, 2010. Declaratory Judgment Civil No. CV-2010-12-DC Page 4 of 4 MARVI L. TYLER DISTRICT COURT JUDGE 000208 MTV I iNTE oF WYOIVIING SS OF UNCOLN Kenneth D Robeits, Clerk o Third c eotinty of fot do to full, true, and COM SIGNED 0004 n.c0n080 00 say [3, 19H" 2P M 30 3� IN ea274PR PAOE37.i:tM&NER, VT OUIT CLAIM .pE -Ts 70 26.88,.ELIZARETH C. WADE. CLERK KNOW ALL KEN BY THESE PRESENTS: That DUNCAN McCELLAND, Grantor, of the County of Teton, State of Wyoming, for and in consideration of the sum of Ten and No /100 Dollars 10.00) and 000 209 other valuable consideration in hand paid, receipt of which is i hereby acknowledged, has hereby remised, released and forever quitclaimed unto the said SIVIL INVESTMENTS, a Wyoming partnership, with its principal place of business in Kemmerer, Lincoln County, Wyoming, its heirs and assigns forever, all such right, title, interest, property, possession, claim and demand as it may have or ought to have in or to all the following described property, to- wit: ASPEN SPRINGS TRACTS, Parcels /3 and 15, more particularly described as follows: Parcel /3 being a parcel of land located in the N /2N/2 of Section 8 of the Resurvey of T21N, R115W, 6th P.M., Lincoln County, Wyoming, to -wit: Commencing at the Northwest corner of said Section 8; thence S 62 17'40" E, 1383.54 feet to the true point of beginning; thence N 85 35'35" E, 2413.24 feet to a point; thence S 14 44'31" W, 891.45 feet to a point; thence S 89 52'34" W, 771.16 feet to a point; thence S 89 55'31" W, 1317.5 feet to a point; thence N 07 W, 686.06 feet to the true point of beginning, containing 39.63 acres, more or less. Parcel /5 being a parcel of land located in the N /2N/2 of Section 8, and in a portion of the S /2S/2 of Section 5 of the Resurvey of T21N, R115W, 6th P.M., Lincoln County, Wyoming, to- wit: Commencing at the Northwest corner of said Section 8; thence N 85 E, 1131.11 feet to the true point of beginning; thence N 72 51'12" E, 283.43 feet to a point on a centerline having a 30 foot easement running parallel and to the right; thence along said easement line 149.16 feet along a curve to the right having a radius of 1145.92 feet and a long chord bearing N 76 34'56" E, 149.04 feet to a point; thence along said easement line N 80 18'41" E, 326.54 feet to a point; thence along said easement line 206.33 feet along a curve to the left having a radius of 1145.91 feet and a long chord bearing N 75 09'11" E, 206.06 feet to a point; thence along said easement line N 69 59'40" E, 421.35 feet to a point; thence along said easement line 317.79 feet along a curve to the left having a radius of 272.18 feet and a long chord bearing S 33 03'02" E, 300.04 feet to a point; thence along said easement line S 66 29'57" E, 149.43 feet to a point; thence leaving said easement line S 85:.57'59" E, 892.97 feet to a point; thence S 02 14'58" W, 538.84 feet to a point; thence S 85 35'35" W, 2413.24 feet to point; thence N 7 35'22" W, 734.13 feet to the true point of beginning, containing 42.85 acres, more or less. HEREBY releasing and waiving all rights under and by v,L•tue of the homestead exemption laws of the State of Wyoming. WITNESS my hand this .7,J day of May, 1989. ,%E p T E &ATE OF WYOMING CORNTY ,OF TETON d.1'7Y. 6 The foregoing instrument was acknowledged before me this ,.T day of May, 1989 by DUNCAN McCELLAND. WITNESS my hand and official seal. My Commission Expires: CECIL R. SIVIL, vs. IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT IN AND FOR THE COUNTY OF LINCOLN, STATE OF WYOMING JANET S. SIVIL, Plaintiff, Defendant. ORDER SETTING ASIDE PORTIONS OF DECREE OF DIVORCE FILED BY (71,x( 0 OCT 3 2( Civil No. 2008 -60 -DC KENNETH D. ROBERTS CLERK OF DISTRICT COURT 3rd JUDICIAL DISTRICT LINCOLN COUNTY, STATE OF WYOMING On August 7, 2008, the Court conducted a trial on property and debt division in the above captioned pro se divorce. This hearing was just as vitriolic as the previous hearing on temporary issues. The Plaintiff is currently under a protection order from the Circuit Court of Lincoln County which prohibits him from having any contact with the Defendant, so he refused to attempt to resolve the dispute through negotiation. At the trial, Defendant presented a lengthy list of personal property to be divided, which contained editorial comments impugning the Plaintiff. The Court ordered, from the bench, a division of the property and debts and ordered Defendant to prepare a decree with a list dividing the property in accordance with the Court's verbal order. There was no real property to be divided. On September 4, 2008, Defendant submitted a proposed decree which had attached a property list. The decree, itself, still contained disparaging comments, which the Court refused to adopt and deleted by crossing through them or by adding clarifying language. Trusting the Plaintiff to comply with the Court's direction, the Court did not examine the property list attached or notice that the Plaintiff had not approved the decree as to form and signed the decree. The Court did not notice that the Defendant had added parcels of real property and additional personal property to the list, awarding it to her. Real property was not discussed at trial and was not a part of the Court's oral bench decision. After the divorce, on September 10, 2008, the Plaintiff's parents filed a motion to intervene and to modify the decree alleging that the Court awarded personal property belonging to them. At a hearing on this motion held October 2, 2008, it was established that real and personal property had been added to the list and that the Defendant had already conveyed a parcel of real property claimed by the Plaintiff's parents. The Plaintiff was at this hearing and contended that personal property, i.e. several old pickup trucks belonging to him, had been added to the list and awarded to the Defendant. Based on the foregoing, IT IS THEREFORE ORDERED: (1) That all portions of the decree of divorce dividing the property and debt is hereby set aside and of no effect nun pro tunc. (2) That the Plaintiff's parents are permitted to intervene and present evidence of their claim for property at the re -trial on the property and debt division. (3) That if the parties cannot settle their disputes, a re -trial on the property and debt division and the interveners' claims shall be held on the 6 day of November, 2008 at 2:00 o'clock p.m. DATED this 3d_ day of October, 2008. STATE OF WYOMING COUNTY OF LINCOLN Janet Sivil PO Box 5 Frontier, WY 83121 Michael D. Allen Sanderson Law Office PO BOx 159 Afton, WY 83110 ss. I, Kenneth D. Roberts, Clerk of the T ��j A__! Judicial District Court •iithiri and for,. I Court Judge hereby certify th( ling to be a fullu true, and comp €.a �T A VICE SIGNED' 'pE i�,. r I, ,Dorothy Painter \-Deputy Clerk of Court, oln County, Wyoming, hereby certify that I served true correct copies of the foregoing by mail, postage prepaid, to the following on the 3rd day of October, 2008: 2 Reigo Cecil Sivil 1260 Jefferson Idaho Falls, ID 83402 By: i 00021 4242, (2:62 11,