Quagelli

Plaintiff sued for a divorce upon three grounds—cruelty, desertion and habitual intemperance. Defendant answered and filed a cross-complaint asking for a divorce upon the ground of plaintiff’s cruelty. The trial court found adversely to plaintiff in regard to her allegations of cruelty and intemperance, but granted her a decree of divorce upon the ground of desertion. It also found against defendant in regard to his allegation of cruelty on the part of plaintiff. All the property standing in the names of either party was found to be community and was ordered to be equally divided between the parties. The plaintiff has appealed from the decree on a bill of exceptions.

The attack upon the decree is based on two main grounds —that the undisputed evidence demanded a finding and decree favorable to plaintiff on the grounds of cruelty and habitual intemperance and a consequent division of the community property more favorable to the plaintiff under the express provisions of section 146 of the Civil Code; and .that the undisputed evidence demanded a finding that two of the parcels of real property were the separate property of the plaintiff.

- The complaint contains a lengthy…