Lambert

The appellant sued for and was granted a divorce from respondent on the ground of desertion. In paragraph fourteen of his complaint it was alleged: “That there is community property belonging to plaintiff and defendant, 160 acres of hill land, and some stock and farming implements. ’ ’ This averment was not denied in the answer. On the contrary, its truth was expressly admitted. This admission, manifestly, made a finding unnecessary, but the lower court, in the finding of facts, recited that this particular parcel of hill land was purchased by and conveyed to plaintiff before Ms marriage with defendant. That about eight hundred dollars of the purchase money was borrowed by plaintiff from defendant before marriage, the plaintiff giving to defendant bis promissory note for said sum, which note has not been paid. That eleven hundred and fifty dollars of the purchase price paid was money received from the sale of certain water-rights appurtenant to said land. That the remainder of the purchase price was paid from money earned by the husband and wife after marriage. The conclusions of law contained a recital that this parcel of land “is the community property of plaintiff and…