Cotter

This is an action to quiet title. Delia M. Cotter, the surviving wife, commenced the action against Mary McKeever, as executrix of the estate of the deceased husband, David Cotter, and also against Stephen A. Cotter and certain fictitious defendants. In her complaint the plaintiff claimed an undivided one-half interest in the property in dispute. Mary McKeever appeared and answered. She set forth denials of all the allegations in the plaintiff’s complaint and she alleged affirmatively that the property described in the plaintiff’s complaint was the separate property of the decedent and from the date of the purchase in 1875 remained his property down to the date of his death. Stephen A. Cotter appeared and answered and in his answer he set forth the same denials and alleged affirmatively that he was the owner in fee of the property. A trial was had in the trial court before the court sitting without a jury. The trial court made findings in favor of the plaintiff and against Mary McKeever. In doing so it found that the property was community property, that the surviving wife was the owner of one-half thereof, and that Mary McKeever, as executrix, had no right, title, or interest in…