Dallas Eugene Jacobsen v. Mary Eula

DURHAM, Justice: The plaintiff and the defendant in this case were husband and wife until they were divorced in 1977. This was Mr. Jacobsens second marriage. In 1972, his first wife obtained a judgment against Mr. Jacobsen for child support. Prior to that judgment, Mr. Jacobsen, in 1971, had conveyed by quitclaim deed his interest in a parcel of property to his second wife, Mary Jacobsen ("Mrs. Jacobsen"), the defendant in this case. This property was originally purchased in 1969 by Mr. and Mrs. Jacobsen and held as joint tenants until that conveyance. Mr. Jacobsen claims in this current action that Mrs. Jacobsen orally agreed to reconvey one-half interest in the property back to Mr. Jacobsen once the litigation with his first wife was resolved. The trial court found that Mr. Jacobsens action was barred by the statute of limitations and the doctrine of res judicata and granted Mrs. Jacobsens motion for summary judgment. We affirm.