HomeMy WebLinkAbout958534IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT 01
IN AND FOR THE COUNTY OF LINCOLN, STATE OF WYOMING
SIVIL INVESTMENTS,
Plaintiff,
vs.
GEORGE AND ELAINE DILLEY,
Defendants,
Declaratory Judgment
Civil.rbo. CV-2010-12-DC
Page 1 of5
FILED
BY 1471.
Civil No. CV- 20l0-l2 -lP 3 2011
KENN!F_TH D. PORERTS
CLERK OF !7, ;'R ;CT COURT
3rd JU!)!CiAi.
LINCOLN COUNTY, STATE OF WYOMING
STIPULATED DECLARATORY JUDGMENT
The above captioned matter, having come before the Court pursuant to the
Plaintiff's Petition To Recover Realty And For Writ Of Ejectnsent and subsequent
motions for default and summary judgment; as evidenced by their signatures hereto the
parties having stipulated and agreed that there are no legal questions or issues of material
fact to resolve between them; 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 (Decree). 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 lvIcCelland to Sivil Investments. These
RECEIVED 3/18/2011 at 10:30 AM
RECEIVING 958534
BOOK: 764 PAGE: 152
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
000151
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 Sivil:
AspenspringsTRPCL,T21 R 115 S 8 (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 recorded in Book 705 Pages 712 to 715
and assigned the receiving number of 942528. 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, hereafter referred to as the
Dilleys.
4. Janet Sivil was not granted title to Aspen Springs Parcels 3 and 5 as
described on Page 430 of Book 704 in the September 5, 2008, Decree of Divorce.
5. Further, this Court issued an Order Setting side 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. A copy
of this Order is attached hereto.
Declaratory ;Judgment
Civil No. CV-2010-12-DC
Page 2 of 5
6. George and Elaine Dilley could only receive from Janet S. Sivil the
interest she possessed in Aspen Springs Parcels 3 and 5. The Dilley's had constructive
notice of the infirmities in the title Janet Sivil transferred and are not bona fide
purchasers. George and Elaine Dilley obtained no legal or equitable claim of title to
Aspen Springs Parcels 3 and 5 by virtue of the purported sale and transfer by Janet Sivil
to them recorded on September 29, 2008..
WHEREFORE, title to Aspen Springs Parcels 3 and 5 was held by Sivil
Investments at the time of purported transfer by Janet Sivil to the Dilleys pursuant to the
General Warranty Deed recorded on September 29, 2008, in Lincoln County. This
transfer was of no effect and there has been no valid, continuing transfer of title in the
intervening time.
WHEREFORE, legal and equitable title to Aspen Springs Parcels 3 and 5 is held
by Sivil Investments. This Stipulated Declaratory Judgment shall be recorded in the
records of Lincoln County, Wyoming, and shall be evidence of 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, and a copy of which is attached hereto.
DATED this day o a 2011.
MARVIN TYLER
DISTRI COURT JUDGE
STATE OF WYOMING SS.
COUNTY OF LINCOLN
1, Kenneth D. Roberts, Clerk of the Third
Judicial District Court within and foresaid
county and in the State of foresaid, do
DeclaratoryJudgmen iereby certify the foregoing to be a full,
Cm/ No. CV 2010- 12- Lk'ae, and complete copy.
Page 3 of 5
SIGNED: 1
3 154
Signatures as to form:
STATE OF /ILAf341,t,L
COUNTY OF DA Z
ss.
My Commission Expires &c2&
ss.
Witness my hand and official seal.
My Commission Expires: &cR5
GEORGE
Defendant
Declaratory Judgment
Civil No. CV- 2010 -12 -DC
Page 4 of 5
IL EY
STATE OF L INEA
COUNTY OFb LL.-AS
The foregoing instrument was acknowledged before me by GEORGE DILLEY
this )'day of January, 2011.
Witness my hand and official seal.
Y PUBLIC
ELAN DILLEY
Defendant
The foregoing instrument was acknowledged before ine by ELAINE DILLEY this
r's of January, 2011.
7
IC HAEL D. ALLEN
00015
STATE OF WYOMING
COLTNTY OF LINCOLN
The foregoing instrument was acknowled before me by MICHAEL D.
ALLEN this 1 day of January, 2011.
CRYSTAL L. SLAUGHTER NOTARY PUBLI
County of 4' State of
Lincoln ny `i VVyoming
My k omrni9sion 1 -r. ;ir: s bruary 3, 2014
My Commission Expires: -2
ss.
cial seal.
Declaratory Judgment
Civil No. CV-2010-12-DC
Page 5 of
Attorney for the Plaintiff
000156
vs.
JANET S. SIVIL,
IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT
IN AND FOR THE COUNTY OF LINCOLN, STATE OF WYOMING
F l L ED
OCT
CECIL R. SIVIL,
Plaintiff,
Defendant.
Civil No. 2008 -60 -DC
ORDER SETTING ASIDE PORTIONS
OF DECREE OF DIVORCE
OO+Z57
KENNETH 0. ROBERTS
CLERK OF DISTRICT COURT
3rd IUDICIAL DISTRICT
LSPlCOE_N COUNTY, 'Y, 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,
000158
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 6th day of November,
2008 at 2:00 o'clock p.m.
DATED this 3d_ day of October, 2008.
Janet Sivil
PO Box 5
Frontier, WY 83121
Michael D. Allen
Sanderson Law Office
PO BOx 159
Afton, WY 83110
2
By: r,
CERTIFICATE OF SERVICE
''ANDER o N
District Court Judge
I, Dorothy Painter Deputy Clerk of Court, Lincoln 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:
Reigo Cecil Sivil
1260 Jefferson
Idaho Falls, ID 83402
f'F_CCROE °Y G1 198 2P M
000430 IN51: 274PR PAG3 ,rtet:.IEii:R,WVC1
OUIT CLAIM pE 7026.86 .ELIZABETH C. WADE, CLERK
KNOW ALL MEN 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
other valuable consideration in hand paid, receipt of which is 00C•159
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 #5, 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 35'22" 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 7 5 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 5 85 E, 892.97
feet to a point; thence S 02 14'58" W, 538.84 feet to a point;
thence S 85 W, 2413,24 feet to a 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,rtue of the homestead exemption laws of the State of Wyoming.
WITNESS my hand this ..7,J day of May, 1989.
t E L Cr
THE; BIATE OF WYOMING
CO>(3NTY ,OF TETON
"U TY :9
The foregoing instrument was acknowledged before me this
day of May, 1989 by DUNCAN MCCELLAND.
WITNESS my hand and official seal.
My Commission Expires: to _2-c