Goucher

— The respondent Samuel G. Goucher and the appellant Grace C. Goucher are husband and wife. Each brought an action against the other wheréin the former recovered judgments and the latter appealed. The first action was commenced by respondent to obtain a decree adjudicating that certain property, real and personal, the former standing in appellant’s name and being claimed by her as her separate estate, was community property. The second action was the instant one, commenced by appellant about two months later to secure a divorce upon the ground of extreme cruelty, wherein respondent denied the charges of cruelty and filed a cross-complaint asking that he be granted a divorce upon the grounds of extreme cruelty and desertion, and raising the same issue as to the status of the title to the property as was raised in the first action. Appellant, answering said cross-complaint, denied the material allegations thereof relating to the grounds of divorce, and, as in the former action, claimed most of the property described therein as her sole and separate property.

On stipulation the actions were tried together, but separate findings and judgments were entered in each action. In the first…