McDuff

The defendant, the husband of the plaintiff, appeals from a judgment in ejectment.

The parties were married in 1885. Their domestic relations were pleasant until 1907, from which time until 1915 there was at least lack of harmony. In the month of May, 1915, the wife left the family dwelling place and later, in the same year, sued for separate maintenance. Judgment in that ease was in favor of the husband.

The property involved in this action was purchased in 1909, the first installment of the purchase price, amounting to three hundred dollars, having been made up of. one hundred dollars delivered by the husband to the wife and two hundred dollars borrowed by her from her mother. There was a mortgage for the remainder of the purchase price, $3,450, which was subsequently paid by the husband from the proceeds of a sale of his separate property in the state of Kansas. He also paid taxes. The deed to the property was made to the wife alone. The husband asserted that he did not learn the deed was so made until he paid off the mortgage debt in 1-913. The wife testified that he saw the deed on the day the deed and mortgage were made. She signed the mortgage first, and she testified…