The North Platte River flows easterly across the S 1/2 NE 1/4 of Section 32, leaving a portion of the SW 1/4 NE 1/4 and the SE 1/4 NE 1/4 lying north of the river and a portion lying south of the river. Appellants claim the northernmost 13.9 acres of the Fuss tract and the 17.58 acres of the State of Wyoming tract. Appellants are the record titleholders of the N 1/2 NE 1/4 of Section 32, which land is immediately north of the disputed tracts. Appellee State of Wyoming is the record titleholder of 17.58 acres of the SE 1/4 NE 1/4, Section 32. Appellees Fuss are the record titleholders of the SW 1/4 NE 1/4, Section 32. The disputed land involves two adjoining tracts immediately north of the North Platte River.
#Keylight 1.2 grey suit trial
Were the trial court's Findings of Fact and Conclusions of Law incomplete and in error?Ī sketch of the area, although not to scale, may help. Did the plaintiffs and their predecessors in interest have actual, open, notorious, exclusive and hostile possession of the disputed lands under a claim of right for a period of ten consecutive years? 2. Appellants designate the issues as follows: 1. The trial judge entered judgment in favor of the record titleholders and quieted title in them. Appellees Fuss and the State of Wyoming are record titleholders of the disputed land. Their theory of recovery was ownership by adverse possession. Barrett of Hathaway, Speight & Kunz, Cheyenne, for appellees Eisenbarth.īefore ROSE, C.J., and RAPER, THOMAS, ROONEY, and BROWN, JJ.Īppellants sued in the district court to quiet title to about 31 acres of land.
Gen., Cheyenne, for appellee State of Wyoming, acting through the Wyoming Game and Fish Commission. Steve Graham of Jones & Graham Law Offices, Torrington, for appellees Fuss. Leon EISENBARTH and Lillian Alma Eisenbarth, Appellees (Third-Party Defendants). The STATE of Wyoming, acting Through the WYOMING GAME AND FISH COMMISSION, Appellee (Defendant and Third-Party Plaintiff), Fuss, husband and wife, Appellees (Defendants), 651 P.2d 1129(1982) RUTAR FARMS AND LIVESTOCK, INC., a Wyoming Corporation, and Rudolph J.