Phelps

This is an action by a trustee in bankruptcy against the wife of the bankrupt, in which it is sought to quiet' title to certain real property upon the theory that the property in question is the community property of the bankrupt and his wife. The wife defended upon the claim that the property in question is her separate property.

After finding that Stephen Davies and Cecelia Davies were married on November 23, 1912, and ever since have been and now are husband and wife, that they have lived upon the property in question continuously since November 7, 1919', and that Stephen Davies was adjudged a bankrupt on March 4, 1930, the court found:

The court then found that on January 3, 1929, Stephen Davies conveyed the property to Cecelia Davies; that on the same day Cecelia Davies filed a declaration of homestead upon the property; that on February 27, 1929, these two, with others, joined in a conveyance of the property to a title company for the purpose of correcting an error in the description thereof; that when the property was so conveyed to the title company the grantee was instructed to reconvey the same to Cecelia Davies; that subsequently the title company reconveyed the…