Nathan R. Baker and Bryner Farms, LLC, a Nevada Limited Liability Company v. David Speaks and Elizabeth Speaks
2013 WY 24
| Wyo. | 2013Background
- Speaks sued Bakers for fraudulent conveyances to prevent execution on a judgment against Byron.
- Bakers transferred two parcels to their son Nathan in 2003; Nathan later transferred them to Bryner Farms LLC.
- Speaks discovered subsequent transfers to trusts controlled by Rosemary (Rosemary Baker) and Nathan; case evolved with amendments and new defendants.
- District court held all transfers fraudulent and ordered execution on both properties; court reversed due to lack of prima facie evidence that Byron alone could be subject to execution.
- Issue centers on whether Speaks proved the properties were subject to execution against Byron alone; whether Rosemary had any interest subject to execution; and whether judicial estoppel applies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Appellees prove prima facie entitlement to execute on the property against Byron alone? | Speaks claim transfers were fraudulent to defeat execution against Byron. | Bakers contend ownership questions and tenancy by the entirety negate a suit against Byron alone. | No; Speaks failed to prove property subject to Byron's execution alone; remand for proper record. |
| Are Appellants judicially estopped from arguing Rosemary owned an interest in the property? | Rosemary previously asserted ownership interests inconsistent with today’s position. | Estoppel should bar inconsistent positions in later proceedings. | Judicial estoppel does not bar the court from reaching the ownership determination for this appeal. |
Key Cases Cited
- In re Reed's Estate, 566 P.2d 587 (Wyoming 1977) (badges of fraud used to prove actual fraud)
- Choman v. Epperley, 592 P.2d 714 (Wyoming 1979) (tenancy by the entireties and joint ownership principles)
- Wambeke v. Hopkin, 372 P.2d 470 (Wyoming 1962) (unity requirements for tenancy by entirety)
- Ward Terry & Co. v. Hensen, 297 P.2d 213 (Wyoming 1956) (tenancy concepts and execution limits)
- Jim’s Water Serv. v. Eayrs, 253 P.3d 153 (Wyoming 2011) (common law and statutory treatment of marriages for ownership interests)