R. Earl Dillman and Lejeune Dillman V‪.‬

DURHAM, Justice: The plaintiffs in this case appeal from an adverse judgment in their action to quiet title to some real property described as Lots 2 and 3, Block 4, Pick-up Addition in the city of Roosevelt. Earl and Lejeune Dillman ("plaintiffs") filed suit in 1978 against Herbert and Frances Foster, George and Kathryn Mangan, and Omni and Carma Winterton. On May 2, 1980, a pretrial order was filed in which the parties stipulated that since the initiation of the suit, the Fosters and Wintertons had quitclaimed any interest in the property to the Mangans ("defendants"). The Fosters and Wintertons were dismissed as defendants and the matter was tried to the court on June 30, 1980.