Catherine Elizabeth Martin
334 P.3d 123
Wyo.2014Background
- Catherine Martin, Phillip DeWitt, and Jeanne Prieto were tenants in common of a single-family home in Casper; DeWitt and Prieto sought partition and claimed Martin owed them rent for exclusive occupancy.
- Bench trial (no transcript); Martin did not supply a settled statement of evidence, so appellate review relied on the district court’s unchallenged findings.
- The district court found Martin had exclusive possession at times, ousted the cotenants, changed locks, excluded agents, and refused to pay or vacate. Court awarded DeWitt and Prieto $21,200 in rent.
- Commissioners appraised the home at $70,000; after no one bought at the appraised price, the court ordered a public auction under Wyo. Stat. Ann. § 1-32-111.
- Appellees bid at auction by crediting their 2/3 ownership interest and part of the $21,200 judgment (no cash paid); court approved the sale, denied Martin a homestead exemption, and directed distribution to satisfy the judgment.
Issues
| Issue | Plaintiff's Argument (Martin) | Defendant's Argument (DeWitt/Prieto) | Held |
|---|---|---|---|
| Whether Martin ousted cotenants by exclusive possession | Occupancy alone ≠ ouster; court erred finding ouster | Martin’s acts (locks, exclusion, refusal to vacate/pay) amounted to ouster | Court affirmed: findings support ouster and liability for rent |
| Whether awarded rent was supported by evidence | Award not supported (no transcript) | District court findings (undisputed rent values/timing) support award | Affirmed: absent transcript/settled statement, findings stand |
| Whether cotenants may bid at public partition sale and apply interest/judgment toward bid | Cotenants may only buy by election at appraised value under §1-32-110; they cannot bid interests/judgment at auction | Partition sale is public; parties may bid and may credit their interests/judgment toward purchase | Affirmed: parties may bid at public sale and apply interests/part of judgment in lieu of cash |
| Whether occupying cotenant is entitled to $20,000 homestead exemption on partition sale | Sale was a forced sale; Martin entitled to homestead exemption | Partition sale is not a forced creditor sale; homestead not available against cotenants | Affirmed: partition sale is voluntary (not forced sale); homestead exemption denied |
Key Cases Cited
- Osborne v. Warner, 694 P.2d 730 (Wyo. 1985) (one cotenant cannot assert homestead to prejudice other cotenants)
- Golden v. Guion, 299 P.3d 95 (Wyo. 2013) (when no transcript/settled statement, appellate court accepts trial court’s findings)
- Helm v. Clark, 244 P.3d 1052 (Wyo. 2010) (standard of review for mixed questions: review conclusions of law de novo in light of trial findings)
- Clarke v. Boysen, 39 F.2d 800 (10th Cir. 1930) (cotenant who wrongfully excludes cotenant is liable for cotenant’s share of rental value)