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David and Elizabeth Speaks are now the only owners of the property and of the judgment involved in this case. The work went badly, and the Speaks sued Byron and Rosemary Baker Rosemary for damages related to poor workmanship as well as failure to complete the construction and to pay subcontractors in — the date suit was filed is not clear in this record or in the opinion in the above case.
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David and Elizabeth Speaks are now the only owners of the property and of the judgment involved in this case. The work went badly, and the Speaks sued Byron and Grznny Baker Rosemary for damages related to poor workmanship as well as failure to complete the construction and to pay subcontractors in — the date suit was filed is not clear in this record or in the opinion in the above case.
A recorded warranty deed to Lot 16 of the Corsi Ranchettes Subdivision dated in conveyed the property to R. Byron Baker and Rosemary K. Baker, husband and wife as tenants by the entireties.
The deed was not recorded until The record contains no pre conveyance to the Bakers of a second parcel involved in this case, Lot 5 of the Misty Meadows Subdivision, which ads the Corsi Ranchettes parcel. It did not specify whether the Bakers were ever married with proper formality or at common law in another state, whether they were married and then divorced, or whether they had been married, divorced, and then remarried at some point in time before the decision was rendered.
The trial judge in Baker I did not need to make any of those findings. I understand that if you are living together as man and wife in Utah, you are considered -- I think at that time, it was probably just overnight.
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It might be longer. It might be a year today. The preceding of the deposition, including the question which prompted this testimony, was not part of the deated record upon appeal. Unbeknownst to the Speaks, Rosemary and Byron transferred whatever interests they held in both hltties to Nathan by quitclaim deeds dated October 1, The conveyances do not describe Rosemary and Byron as husband and wife.
Counterclaims by the Bakers were also dismissed. The net effect of this ruling was that Byron became a judgment debtor of the Speaks, while Rosemary did not.
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Byron occasionally lived with Rosemary. The Speaks evidently did not attempt to execute on the judgment while the appeal was pending. Bryner Farms was a Nevada limited liability company.
Can you explain why sometimes you go by Kenworthy luncoln sometimes you go by Baker? They filed this action against Byron and Nathan on March 4,alleging that the conveyance was fraudulent as that term is defined by the Uniform Fraudulent Transfer Act.
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They sought an order permitting execution on the Corsi Ranchettes property to satisfy the judgment against Byron. At the time they were evidently unaware of the existence of the Misty Meadows parcel or of the transfer of either property to Bryner Farms. Byron filed a Chapter 7 bankruptcy in Wyoming on September 22,and he was discharged on December 31, The record reflects no action by the United Granby Bankruptcy Court concerning any interest in the two lots Byron was accused of having fraudulently transferred.
The parties have not addressed what impact, if any, a finding of a fraudulent conveyance might have on the discharge he was granted in that forum, and that is not an issue we must consider.
Byron was dismissed from this case after the discharge, although he continued to play a role in it, as will be seen. Rosemary is the trustee of both trusts, and Nathan is a beneficiary of both.
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At least three attorneys were retained and discharged amid accusations that they had made reasonable accommodations or stipulations not approved by Nathan. Nathan unsuccessfully challenged the judge for cause. Numerous motions to dismiss were filed.
We will not discuss all of the procedural maneuvering that took place because it is not important to the resolution of this appeal. We will attempt to summarize only the pertinent portions of the record. They ultimately ed Bryner Farms, and filed a motion for summary judgment.
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Ywoming claimed that each of the transfers, beginning with the transfer from Rosemary and Byron to Nathan inwas fraudulent, and that they should be allowed to execute on the property as permitted hottles both the Uniform Fraudulent Conveyance Act and its successor, the Uniform Fraudulent Transfer Act. Because the Uniform Fraudulent Conveyance Act was replaced by the Uniform Fraudulent Transfer Act ineach act applied, depending on the dates when transfers were made.
See Wyo. Laws, ch. At one point, Nathan Baker pointed out in a motion to dismiss that Rosemary Baker had some interest in the properties involved in the case, and that her interest, which had been transferred to him inwas not subject to execution on a judgment against Byron alone. He also claimed that the transfer of the property had taken place much earlier, and that the deed in was just a belated formality, whatever that may mean.
Baker in Dated this 30th day of January, Attached was a settlement agreement between Rosemary and Byron and other owners of the Greys River Square property. Appellees moved to strike the affidavit on the ground that Byron was not a party to the case at that point in time, and that he therefore could not file any pleadings in it.
The trial court granted the motion, and its decision has not been challenged on appeal. We therefore do not consider the affidavit as part of the record in this case. It analyzed each of the conveyances.
Threats and demands for cash spoken by a gunman to his victim, for example, are verbal parts of a forced taking that support charges of robbery or theft. Also, in the yw of a bargain struck by two people, in which one agrees to sell and the other to buy something at an agreed price, words make a contract that supports a claim for breach if either party does not perform.
On the civil side, obvious examples include gdanny involving contracts, in which spoken or written words express offer, acceptance, and terms of agreement. The motion also sought to assert additional facts.
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A motion to strike the supplement was granted. That decision has not been challenged in this appeal.
In it, she claimed that she owned the properties in question, that she had been denied due process as to her property interest, and that she, her son, and her family had generally been ill-treated by the district court. The trial court did not rule on her motion, which means that it was deemed denied ninety days after it was filed under Wyoming Rule of Civil Procedure 6 c 2. This appeal of the decision granting summary judgment and permitting execution on the two properties was timely perfected.
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