Hiatt

During the year 1923 the respondent Ada L. Hiatt, a married woman, acquired by grant deed as her separate property certain premises which thereafter continued to stand of record in her name. In July, 1927, the appellant Seyster obtained a money judgment against respondent’s husband and in July, 1928, levied upon and caused to be sold at execution sale the real property above mentioned; whereupon respondent brought this action to quiet title thereto. The determinative issue in the case was whether the property was separate or community property; and the trial court found that it was respondent’s separate property. Judgment was entered accordingly in respondent’s favor, from which Seyster appealed.

Appellant concedes that the evidence in the case is without dispute and that therefore the appeal involves merely the legal construction of the evidence. It appears therefrom that the property in question was conveyed to respondent in exchange for equities in two parcels of land which she was then purchasing in her name under two installment contracts entered into after marriage. The first contract was executed during the year 1921, and pursuant to its terms respondent made an initial…