Nevins

Appellant seeks reversal of an adverse judgment in his quiet title action in the court below, and insists as a matter of law he is entitled to prevail.

Kenneth and Antoinette Nevins were married in 1929, and although they are now divorced, and Kenneth has remarried, for convenience we shall herein refer to them as husband and wife. They have two daughters, one born in January, 1930, the other in December, 1930. There is no evidence that either possessed any separate property at the time of their marriage, or that either acquired property by gift or bequest from any third party during, marriage. Up to June, 1941, the couple resided together in Los Angeles, where for the three years preceding the husband had been employed as a salesman for a beverage company. Additionally they operated a small retail liquor business in the city of Bell, Los Angeles County, and frugally resided in the rear of the store.

Offered a position in Hawaii by the .beverage concern, the husband accepted and departed on June 4, 1941, the wife and children remaining in Los Angeles. The wife continued to conduct the business enterprise, which prospered due to the combination of her industry, skillful…