Muktarian v. Barmby

In September 1961 William E. Barmby brought this action against his son to quiet title to certain real property. At the close of plaintiff’s case, defendant moved for judgment pursuant to Code of Civil Procedure section 631.8. The trial court concluded that the action was barred by the three-year statute of limitations applicable to actions for relief on the ground of fraud or mistake (Code Civ. Proc., § 338, subd. 4) and entered judgment for defendant. Plaintiff appeals.

In late 1947, at age 75, plaintiff married for the second time. Defendant, seeking to prevent the second wife from…