Heintz

An appeal by plaintiff from an interlocutory decree of divorce granted to her on the ground of defendant’s extreme cruelty. The appeal is limited to that portion of the decree by which it is adjudged that certain real property on Hancock Street in San Francisco is the separate property of the defendant and that plaintiff has no interest therein.

As stated, the complaint was based on allegations of cruelty, and defendant cross-complained upon like grounds, the findings in this regard being in plaintiff’s favor. The court found that the community property of the marriage consisted of a promissory note, certain money and a parcel of land in or near San Bruno in San Mateo County. Plaintiff was awarded a half interest in the land and note and a portion of the money. It was also found that she owned as her separate property certain household furniture and a parcel of land on Santa Marina Avenue in San Francisco. The land in dispute was found to be the separate property of the defendant. Plaintiff claims that the evidence does not support his finding or the part of the decree based thereon, and that an interest in this property should have been awarded to her.

It has been held that…