Peis

Plaintiff appeals from an adverse judgment in an action brought by him to quiet title in and to his alleged interest in certain real property in process of administration in the estate of his deceased wife.

Some six months prior to his wife’s death an interlocutory decree of divorce had been entered in her favor against appellant upon the ground of extreme cruelty. No appeal or other attack upon this interlocutory judgment had been taken within any of the periods of final limitation prescribed by statute for such attack either by appeal or motion. By its terms the interlocutory decree purported to settle the property rights of the litigants. Its language in this respect was: “ ... the. following described community property . . . shall be and is hereby awarded and assigned to . . . plaintiff ... to be hers absolutely and forever”. (Italics ours.)

Prior to the institution of the divorce suit the wife had ' declared a homestead upon the particular property which is the subject of the present quiet title action. It is the contention of respondents that the effect of the interlocutory decree of divorce was to dissolve the homestead and to award the property previously supporting it…