Rayburn

In this action both parties alleged grounds for divorce and asked the court to adjudicate their property rights. Neither was granted a divorce but the decree entered determines their respective rights in the property described in their pleadings. The record title of an undivided half of what is known as the Rayburn Orchard is in the name of the plaintiff and that of the other half in the name of the defendant. The court adjudged the undivided half standing of record in the defendant’s .name to be community property and that the other half was the separate property of the plaintiff. From that part of the judgment relative to the plaintiff’s separate estate the defendant appeals.

The land in dispute was conveyed to plaintiff and her mother, Mrs. Marks, March 1, 1910, each taking an undivided half interest therein. Mrs. Marks conveyed her half interest to the defendant January 31, 1911. At the time of the purchase of the property $400 was paid thereon by Mrs. Marks and $400 on account of the half interest therein conveyed to the plaintiff. The plaintiff and Mrs. Marks joined in the execution of a mortgage to secure the remainder of the purchase price, $1,825. The plaintiff claims to…