Title 1, Title 1 — Code Of Civil Procedure

Partition of property of religious societies. When two (2) or more religious societies or congregations have acquired in common land upon which to erect a house of public worship, buildings for church or school purposes, or for a cemetery, and either desires to abandon the joint …

Costs and expenses to be equitably taxed. The court shall tax the costs and expenses which accrue in the action including reasonable attorney's fees for plaintiff's attorney or any other attorney rendering service in the case for the common benefit of all the parties.

Action to quiet title. An action may be brought by a person in possession of real property against any person who claims an estate or interest therein adverse to him, for the purpose of determining the adverse estate or interest. The person bringing the action may hold possession…

Petition in actions to recover realty; sufficiency. In an action to recover real property it is sufficient if the plaintiff's petition states that he has a legal estate in and is entitled to possession of the real property, describing the same with sufficient certainty as to enab…

Petition in action to recover realty; answer. It is sufficient if the defendant's answer denies generally the title alleged in the petition or that he withholds the possession, but if he denies the title of the plaintiff, possession by the defendant shall be taken as admitted. Wh…

Petition in action against cotenant. If the action is by a tenant in common against a cotenant, the plaintiff must state that the defendant either denied the plaintiff's right or did some act amounting to such denial.

Recovery when right terminates during action. In an action for the recovery of real property when the plaintiff shows a right to recover at the time the action was commenced but his right has terminated during the pendency of the action, the verdict and judgment must be according…

Benefit of occupying claimant law. Parties in an action for the recovery of real property may avail themselves of the statutes for the relief of occupying claimants of land.

Conditions under which occupying claimant to be paid for improvements. (a) A person in quiet possession of land or tenement who claims to own the land and who has obtained title to and is in possession of the land without fraud or collusion on his part, shall not be evicted or tu…

Conditions under which occupying claimant to be paid for improvements; tax title sufficient to protect occupant. (a) The title by which the successful claimant succeeds against the occupying claimant in all cases of lands sold for taxes by virtue of any law of this state shall be…

Entry of claim against occupying claimant; subsequent procedure. At the request of either party, the court rendering judgment against the occupying claimant shall cause a docket entry thereof to be made, and the cause shall then proceed as do other civil actions.

Question of fact to be tried by jury upon request; view of premises; 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 the judgment as provided in W.S. 1-32-2…

Setting aside verdict and judgment. The verdict of the jury or judgment of the court are subject to the same rules for setting aside verdicts and judgments as provided in any other civil action.

Judgment on report of jury in favor of plaintiff in ejectment. If the jury reports a sum in favor of the plaintiff in ejectment on the assessment and valuation of the valuable improvements, the assessment of damages for waste and the net annual value of the rents and profits, the…

Proceedings if report of jury is for occupying claimant. If the jury reports a sum in favor of the occupying claimant on the assessment and valuation of the valuable improvements, deducting therefrom any damages sustained by waste and the net annual value of the rents and profits…

Writ of possession to issue on payment for improvements. If the successful claimant, his heirs or their guardians elect to pay to the occupying claimant the sum reported in his favor by the jury, a writ of possession shall issue in favor of the successful claimant, his heirs or t…

Writ of possession to issue if deed tendered and payment refused. If the successful claimant, his heirs or their guardians elect to receive the value of the land without improvements, assessed to be paid by the occupying claimant, and tender a general warranty deed conveying thei…

Occupying claimant and heirs not to be evicted except as provided in W.S. 1-32-214 and 1-32-215; right to bring action for title. The occupying claimant or his heirs shall not be evicted from possession of the land except as provided in W.S. 1-32-214 and 1-32-215 where applicatio…

Authorization to sell qualified fee. In an action by the owner of any qualified or conditional fee or any other qualified, conditional or determinable interest, or by a person claiming under such owner, or by the trustees or beneficiaries of an estate held in trust, the district …

Requisites of petition; parties. The petition shall contain a description of the estate to be sold, a clear statement of the interest of the plaintiff, and a copy of the will, deed or other instrument of writing by which the estate is created. All persons in being who are interes…

Hearing of petition; order for and effect of sale. Upon hearing the petition if it is shown a sale of the estate would be for the benefit of the tenant in tail or for life, and do no substantial injury to the heirs in tail or others in expectancy, succession, reversion or remaind…

Sale by consent of parties; right of guardians to assent in place of wards. All parties in interest may appear voluntarily and consent in writing to the sale. Testamentary guardians and guardians appointed by the court may consent in place of their wards.

Report of sale to court; confirmation; conveyance of premises upon payment of purchase money. All sales shall be reported to the court authorizing them. If on examination it appears that the sale was fairly conducted and the price obtained is the reasonable value of the estate so…

Proceeds to descend like estate sold. For purposes of descent, succession, reversion or remainder, all monies arising from the sale have the same character and are governed by the same principles as the estate sold, and pass according to the terms of the deed, will or other instr…

Investment of proceeds of sale; reinvestment in other real estate; descent; appointment of trustees to make investments; security required of trustees. (a) Money arising from the sales shall be invested, under the direction and supervision of the court, in the certificates of the…

Use of income; taxes and expenses. The net income accruing from sales shall be paid to the person who would be entitled to the use or income of the estate, were the same unsold. All taxes and the expenses of investment and management of the fund shall be paid by the person entitl…

Right to lease estate for term of years; rents and profits. Upon like proceedings the court may direct that the estate be leased for a term of years, renewable or otherwise, as may appear most beneficial and equitable. The rents and profits shall be paid to the person who might o…

Sale of property given or purchased for religious use; generally. When any real estate except burial grounds of a cemetery has been donated, bequeathed or otherwise entrusted to or purchased by any person or trustee for any public religious use but not to or for use of any partic…

Sale of property given or purchased for religious use; necessary parties to proceeding. All persons who have a vested, contingent or reversionary interest in the real estate and the trustees or other officers of any religious society then using the same shall be made parties to t…

Completion of contract by survivors. When two (2) or more persons who own an interest in land become bound in writing for its 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 of …

Requisites of petition; copy of contract to be annexed. The petition must set forth the names of the contracting parties, describe the lands contracted for, state the time the contract was made, that the contract has been fully performed by the purchaser and have annexed a copy o…

Findings of court; order authorizing completion of contract; requirements and effect of deed. If the court finds the allegations of the petition to be true, it may order the survivors to complete the contract by conveying the land. The deed shall recite the order and shall convey…

Heirs and devisees may ask completion. The heirs at law or devisees of a person who purchased an interest in land by written contract and died before conveyance thereof to him, may compel conveyance as the deceased might have done.

Recoupment of vendee in action for purchase money. (a) In actions for the recovery of purchase money for real estate by vendor against vendee, the vendee may, notwithstanding his continued possession, set up by way of counterclaim, any breach of the covenants of title acquired by…

Cases in which receiver appointed. (a) A receiver may be appointed by the district court in the following actions or cases: (i) By a vendor to vacate a fraudulent purchase of property; (ii) By a creditor to subject any property or fund to his claim; (iii) By a partner or other pe…

Persons ineligible as receiver; exceptions. No person interested in an action shall be appointed receiver or be a representative of the receiver except by consent of the parties.

Oath and bond of receiver. Before he enters upon his duties the receiver must be sworn to perform faithfully and give surety approved by the court, or by the clerk upon order of the court, in such sum as the court shall direct not to exceed double the amount of any property invol…

Powers of receiver. The receiver under control of the court, may bring and defend actions in his own name as receiver, take and keep possession of the property, receive rents, collect, compound for and compromise demands, make transfers and generally do acts respecting the proper…

Investment of funds by receiver. Funds in the hands of a receiver may be invested upon interest by order of the court with the consent of all parties to the action.

Disposition of trust property during litigation. When a party admits he has in his possession or under his control any money or other thing capable of delivery which is the subject of the litigation, held by him as trustee for another party or which belongs or is due to another p…

Enforcement of orders of court. When a court orders the deposit or delivery of money or other thing and the order is disobeyed, the court, besides punishing the disobedience as for contempt, may order the sheriff to take the money or thing and deposit or deliver it in conformity …

Publication of notice of appointment of receiver; requiring claims to be presented. Within thirty (30) days after a receiver is appointed and qualified if the court so orders, the receiver shall publish for three (3) weeks in a newspaper of the county in which he is appointed a n…

Publication of notice of appointment of receiver; proof of publication; procedure when claimant out of state. After the notice is given as required, a copy with an affidavit of publication must be filed in the office of the clerk of court and the court shall enter a decree that n…

Time for bringing suit against receiver. When a properly filed claim is rejected by the receiver, or if allowed by the receiver is rejected by the court, the holder of the claim must bring suit against the receiver within four (4) months after the date upon which he is given noti…

Actions against state agencies deemed actions against state; jurisdiction. Any action permitted by law which is brought against the state loan and investment board, board of land commissioners, public service commission of Wyoming, state board of equalization of Wyoming or the tr…

Violation of state contracts to be reported to attorney general; investigation; action to recover damages; employment of special assistants. (a) Any officer, board or commission of the state of Wyoming, or their legal counsel, responsible for the enforcement of any contract betwe…