Leavitt

Plaintiff brought this action for separate maintenance. Defendant filed a cross-complaint, alleging extreme cruelty, and prayed for a divorce.

The trial court found certain personal property, consisting of household furniture, to be community property of the spouses. It further found certain real property to be the sole and separate property of the defendant and cross-complainant, upon which plaintiff and cross-defendant had placed a homestead. After awarding plaintiff certain costs and sums for her support the court made an equal division of the community property, and decreed the real property to belong to defendant and cross-complainant, and that plaintiff and cross-defendant had no interest therein. It then decreed that defendant and cross-complainant be granted an interlocutory decree of divorce and that plaintiff be allowed to occupy the real property for a period of ninety days.

Two points are relied upon for a reversal. It is first claimed that the finding that plaintiff and cross-defendant was guilty of extreme cruelty is not supported by the evidence, nor is the corroborative evidence offered in substantiation thereof sufficient to sustain the findings; second, that…