Hartley v. Stibor

McFADDEN, Justice.

Eleanor Hartley, the plaintiff-appellant, instituted this quiet title action to real property situate in Boise, Idaho. Following the presentation of appellant’s case in chief, respondent moved for dismissal under I.R.C.P. 41(b). The trial court, sitting without a jury, granted the motion and this appeal was taken.

Appellant is the daughter of Helen G. Stibor who died on June 22, 1971. Grant J. Stibor, the defendant-respondent is the surviving husband of the decedent. During her lifetime Mrs. Stibor had been married three times, the appellant being issue of the first marriage…