§ 1-32-405 — Recoupment of vendee in action for purchase money

Wyoming § 1-32-405

• Jurisdiction: Wyoming
• Title 01: Civil Procedure
• Ch. 32: REAL PROPERTY
• Art. 4: SPECIFIC PERFORMANCE; ACTIONS FOR

Text

(a) In actions for the recovery of purchase money for real
estate by vendor against vendee, the vendee may, notwithstanding
his continued possession, set up by way of counterclaim, any
breach of the covenants of title acquired by him from the vendor
and make any person claiming an adverse estate or interest
therein party to the action. Upon the hearing the vendee may
recoup against the vendor's demand the present worth of any
existing lien or encumbrance thereon.
(b) If the adverse estate or interest is an estate in
reversion or remainder or contingent upon a future event, the
court may:
(i) Order the vendee with his assent to surrender
possession to his vendor upon the repayment of so much of the
purchase money as has been paid, with interest; or
(ii) Direct the payment of the purchase money claimed
in the action, upon the vendor giving bond in double the amount
thereof with two (2) or more sureties approved by the court,
conditioned for the repayment of the same with interest if the
vendee or his privies are subsequently evicted by reason of the
defect.