HomeMy WebLinkAbout904697. STATE OF WYOMING
COUNTY OF LINCOLN
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1N THE DISTRICT COURT
THIRD JUDICIAL DISTRICT
WILLIAM G. KELLEN and
SHERRY P. KELLEN,
Plaintiffs,
VS.
FLOYD L. BOAN, DENNIS
KIRKWOOD and LYNN
CHRISTENSEN,
Defendants.
CIVIL ACTION NO. 11566
PARTIAL
JUDGMENT AND DECREE
The above matter coming regularl3 on this day before the Honorable Dennis L.
Sanderson, Judge of the District Court in and for the County of Lincoln, State of Wyoming,
the Plaintiffs appearing by their attorney, RAIJ)H E. WOOD, and Defendants FLOYD L.
BOAN and DENNIS KIRKWOOD not appearing, either in person or by an attorney, and the
Court having examined the service and record in said cause, having heard the evidence
produced by the Plaintiffs and being now fully advised in the premises, finds as follows:
That Plaintiffs' Complaint was filed in this Court on 9/8/04; that the cause is one of
the actions enumerated in Rule 4(3), Wy~m~ing Rules of Civil Procedure, in that it is an
action brought for the purpose in part of obtaining a decree declaring, determining and
establishing the rights and interests of the Plaintif£s' and Defendants', FLOYD L. B OAN and
DENNIS KIRKWOOD in certain real propcrty hereinafter described located in Lincoln
County, Wyoming; that service of Summons issued out of this Court was duly and regularly
made by publication upon Defendants FLOY 1) L. BOAN and DENNIS KIRKWOOD.
That the Defendants FLOYD L. BOA N and DENNIS KIRKWOOD have failed in any
manner to answer Plaintiffs' Summons servcd and published as aforesaid, or otherwise
appear, the time for answering by the said l)cfendants FLOYD L. BOAN and DENNIS
KIRKWOOD has expired and the default of said Defendants FLOYD L. BOAN and
DENNIS KIRKWOOD has been and hereby is entered.
It further appearing these Plaintiff; by their action seek the decree of this Court
declaring the invalidity of any asserted claim oF the Defendants FLOYD L. BOAN and
DENNIS KIRKWOOD in and to the real property and interests described in said Complaint
and hereinafter described and to Quiet Title against the claims of the Defendants FLOYD L.
BOAN and DENNIS KIRKWOOD and that no reason exists why judgment should nOt now
RECEIVED 11/19/2004 at 10:42 AM
RECEIVING # 904697
BOOK: 573 PAGE: 68-69
JEANNE WAGNEF'-~-~:~:,,,::,,~
LINCOLN COUNTY CLERK, KEMMI~I~I~.R.
be entered against the said Dct'endants. The Court now being fully advised in the premises
finds genera!ly for thc P la in ti fl's and against the Defendants PLOYD L. BOAN and DENNIS
KIRKWOOD upon thc l'lainti~'fs' Complaint and the issues of said cause. The Court further
finds that PlaintifFs have sustained aH the allegations of said Complaint by sufficient
evidence; and the Court docs finally find that said Defendants FLOYD L. BOAN and
DENNIS KIRKWOOD have no c!aim, right, title or interest of any kind to the real property
hereinafter described,
NOW THEREI
IT IS DECLAREI). ORDERED, ADJUDGED AND DECREED:
1. That the 1)c ['cndants FLOYD L. BOAN and DENNIS KIRKWOOD have no
claim whatsoever to any right, title interest or estate in the lands hereinafter described.
2. That Plainti FEs, WILLIAM G. KELLEN and SHERRY P. KELLEN, are the
true and lawful owners oF all the real property and premises described as:
Lots Eighteen (18) and Nineteen (19), Block Thirteen (13) to the Town of
Kemmerer, Lincoln County, Wyoming;
TOGETHER W11'I1 all improvements and appurtenances thereunto
appertaining.
3. That thc title and possession of said Plaintiffs' in and to the real property and
premises hereinabove described is forever quieted and settled in said Plaintiffs, free and
clear of all right, title, lie::, claim, estate, interest, or equity, of said Defendants FLOYD L.
BOAN and DENNIS KI R K \VOOD and any others claiming any interest therein by or through
said Defendants FLOYD 1~. BOAN and DENNIS KIRKWOOD.
4. That the Dc I'cndanrs FLOYD L. BOAN and DENNIS KIRKWOOD are hereby
forever enjoined and barred from setting up any right, title, interest, estate, or claim in or to
the aforedescribed real prop crty. f.,~~~,~.~., ~
DATED this /,~7' day o 2
L. SANr3E
~" District Court Judge
SON
STATE OF WYOMING
COUNTY OF LINCOLN
I, Kenneth D. Roberts, cie
JUdicial District Court ~
county and in the
hereby certify the
true, and comph
SIGNED,