Bagley v. Thomason
Annotate this CaseThis was the third appeal pursued by Byron Thomason (deceased) and his wife Marilynn Thomason (Thomasons) against the brothers Terrence and John Bagley (the Bagleys) over a quiet title action. In the first appeal, the Supreme Court affirmed the district court's order quieting title to real property in the Bagleys and awarding them attorney fees. In the second appeal, the Supreme Court affirmed the district court's decision granting the Bagleys certain shares of water previously held by the Thomasons. Subsequent to the filing of the notices of appeal, the Bagleys were awarded attorney fees and obtained a writ of execution to satisfy the judgment for attorney fees. Pursuant to the writ of execution, the sheriff seized some of the Thomasons? personal property to satisfy the judgment. The Thomasons? requests for exemption and emergency stay were denied. After this Court's opinion in "Bagley I" was released, the Bagleys moved for and were granted judgment on the pleadings. The Thomasons appealed. Upon review, the Supreme Court affirmed the district court's judgment.
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