United States v. Klink, 2100.

• Decision Date: 12 April 1933
• Docket Number: No. 2100.,2100.
• Parties: UNITED STATES v. KLINK et al.
• Court: U.S. District Court — District of Wyoming

3 F. Supp. 208

UNITED STATES v. KLINK et al.

No. 2100.

District Court, D. Wyoming.

April 12, 1933.

John C. Pickett, of Cheyenne, Wyo., C. W. Axtell, of Thermopolis, Wyo., and Clarence A. Swainson, of Cheyenne, Wyo., for defendants Irma Sylvia Klink, Board of County Comrs., Hot Springs County, and Town of Thermopolis.

Durham & Bacheller, E. E. Enterline, and Madge Enterline, all of Casper, Wyo., for defendants Chancy O. Templeton and Clara Christina Templeton.

KENNEDY, District Judge.

The matter before the court in the above-entitled cause involves claims to a fund in the registry of the court arising out of a condemnation proceeding instituted by the plaintiff to acquire property for public use. Briefly stated, the facts upon which the controversy arises are substantially as follows: The United States being desirous of acquiring title to property upon which to erect a Post Office building in the town of Thermopolis, Wyo., and being unable to acquire a selected site on account of the involved conditions of the title, instituted a suit in condemnation proceeding under title 40, sections 257, 258, and 258a, USCA. In the proceeding all parties claiming an interest in the land were brought in as defendants, an appraisement of the property was made by duly appointed appraisers, a jury trial was waived, by stipulation of counsel the award of the appraisers was confirmed, and the purchase price deposited in the registry of the court, with the proviso that the respective rights of the parties claiming such proceeds would later be determined by the court upon a hearing to be had. The final decree of condemnation and the awarding of the property to the plaintiff was entered in due course. There were five lots in block 21 of the original townsite of the town of Thermopolis involved, to wit, Nos. 13, 14, 15, 16, and 17. On the first three numbered lots there was no conflict in regard to the title, and by agreement the owner of said lots was permitted to withdraw from the registry the appropriate funds covering such lots, leaving a balance of $3,100 applicable to lots 16 and 17, the right to which said fund is the subject of the hearing now under discussion. The lots were prior to October 27, 1927, owned by Clara Christina Templeton, who on that day transferred the same to Chancy O. Templeton, one of the defendants herein. Taxes were assessed against said property for the year 1927, and the same remain unpaid. At the sale of the property for delinquent taxes the following year, there being no other bidders, the property was bid in by the county treasurer for the county in accordance with the statute in such cases made and provided. For the year 1928 the property was again listed for taxation, and, the taxes remaining unpaid, the following year at the delinquent tax sale the property was again bid in by the county treasurer on behalf of the County. Subsequently the property was sold by the county to the defendant Irma Sylvia Klink, and a commissioner's deed delivered in accordance with the statute in such cases made and provided, in consideration of the payment of the accrued taxes, including penalty, interest, cost of advertising, and redemption fee, plus a sum for local improvements assessed by the town of Thermopolis, which under the statute is made collectible by the county treasurer. The purchaser at the tax sale thereafter in due course for the years 1929 and 1930 paid the taxes upon said property, including the assessments for local improvements, which amount paid, together with the statutory interest upon the same, amounted at the time of the condemnation judgment of the property to $2,101.48. There is a dispute between the parties as to who was in possession of the premises at the time of the commencement of the condemnation proceedings. The defendant Klink offered testimony to the effect that, after receiving the deed from the county commissioners, she, through her agent, took possession of the property and boarded up some of the entrances to a building located thereon; and there is evidence offered on behalf of the defendant Templeton that he collected rentals from an occupant of the premises for a period of time extending up to the execution of the condemnation proceeding. It is perhaps unnecessary, in the light of the view which this court takes as to the final disposition of this case, that a specific finding of fact as to which, if either, of these parties could be found to be in possession of the premises at the time the suit was begun.

The dispute as to the ownership of the fund in the registry of the court has narrowed to the claims of the defendants C. O. Templeton and Irma Sylvia Klink, except as to the county of Hot Springs, in which county the property is located, and the town of Thermopolis may be indirectly affected. These two latter defendants have interposed answers seeking to sustain the validity of the tax sale in so far as their rights may be affected by the decision of this court. The defendant Irma Sylvia Klink has interposed by appropriate pleading a claim to the entire fund as being the title owner of the property under deed of conveyance from the county of Hot Springs, or, in the alternative, that she be awarded the amount which she had expended in the payment of taxes, penalties, interest, and assessments, as above set forth. The defendant C. O. Templeton by appropriate pleading claims the entire amount in the registry of the court as being the fee title owner of the property, free and clear of any lien or claims of the other defendants.

The contention of the defendant Templeton is...