Public-domain · open source
OpenJurist

888 P.2d 1255

Hillard v. Marshall

Wyoming Supreme Court

Decided January 30, 1995

Wyoming Supreme Court · decided 1995-01-30

Good law ✅— No negative treatment on recordhow we know

Decided 1995-01-30

How this case has been cited

Cited by 31 later decisions — most recently December 2024 · most notably Grace v. Koch (1998), Worker's Compensation Claim of Haagensen v. State ex rel. Wyoming Workers' Compensation Division (1997)

31 state decisions

1001995200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

*1262TAYLOR, Justice,

¶1dissenting, with whom MACY, J., joins.

¶2Earl Hillard purchased 310.62 acres of land near Buffalo, Wyoming from Eleanor M. Schrater in December, 1961. Prior to Mr. Hillard’s purchase of the land, he had leased the same tract of land for approximately ten years. The entire acreage is enclosed by a fence which was erected in the early 1920⅛. Within the fenced perimeter, there is a 14.19 acre tract of land and a 9.01 acre tract of land. Both of these tracts of land are the subject of this dispute. The district court found that Mr. Hillard established title by adverse possession to the 14.19 acre tract, but not to the 9.01 acre tract.

¶3Mr. Hillard used both tracts of land in his farming and ranching operations for more than thirty years. Both tracts of land are within the same boundary fence maintained by Mr. Hillard. Mr. Hillard’s neighbors recognized and acknowledged the fence to be his property line.

¶4In my mind, the possession by Mr. Hillard of both the 14.19 acre tract and the 9.01 acre tract is virtually identical. Mr. Hillard’s possession of both tracts of land was open, notorious, exclusive and continuous for thirty years. His use of both tracts was hostile and under claim of right.

¶5I would reverse the district court and quiet title to the 9.01 acres in Mr. Hillard.

/888/p2d/1255 · .json · Public domain