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OBERHANSLY v. SPROUSE

No. 870214-CA.

751 P.2d 1155 (1988)

Florence Mae OBERHANSLY, Plaintiff and Appellant, v. Leora SPROUSE, Bow Valley Petroleum, Inc., and the Estate of Ray Lavon Sprouse, Defendants and Respondents.

Court of Appeals of Utah.

March 23, 1988.

Attorney(s) appearing for the Case

Jerry R. Kennedy (argued), Alan R. Stewart, Seal & Kennedy, Salt Lake City, for plaintiff and appellant.

Thomas W. Bachtell, Frederick M. MacDonald (argued), Pruitt, Gushee & Fletcher, Salt Lake City, for defendant and respondent Leora Sprouse.

Richard B. Johns, Jones, Waldo, Holbrook & McDonough, Salt Lake City, for G.W. Petroleum.

Before BENCH, DAVIDSON and JACKSON, JJ.

OPINION

BENCH, Judge:

Plaintiff appeals from a summary judgment dismissing her complaint and quieting title to disputed mineral rights in defendant. We reverse the summary judgment and remand for further proceedings.

The facts in the instant case are stipulated. Plaintiff Florence Mae Oberhansly married Ray LaVon Sprouse in September 1931. They were divorced October 16, 1950. As part of the divorce decree, Ray was ordered to convey to Florence an...

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