Gazave

An appeal by the defendant from an interlocutory judgment or decree entered in an action for divorce on the ground of extreme cruelty.

The court made a division of certain real and personal property which it found to be the community property of the spouses. Defendant contends that the findings and decree do not conform to the issues; that the findings are uncertain and do not support the decree; that the property set aside to the plaintiff was not community property and that the award to her was an abuse of discretion.

The complaint alleged that the community property “consisted of. their home in Santa Barbara, lots in Redwood City,” with money in bank, stocks in oil companies, bonds and an automobile, the value of which was unknown to the plaintiff. No exception to the pleading on the ground of uncertainty was taken by demurrer or otherwise, and the defendant by his answer denied “that the home of plaintiff and defendant in Santa Barbara ... or the lots in Redwood City” were community property, but, on the contrary, were his own separate property.

The evidence clearly identifies the Santa Barbara property as being the residence of the parties, and in the findings its legal…