Dale

This is an appeal from that portion of an interlocutory judgment of divorce which holds that sixty acres of land in Humboldt County, and certain personal property, which was conveyed from a husband to his wife “as her separate property,” was in fact community property.

Appellant and respondent intermarried at Eureka, September 8, 1904, and lived together as husband and wife until April, 1924. The respondent, on October 23, 1918, executed and delivered to appellant a deed of conveyance of sixty acres of land, and a bill of sale of certain personal property, which are involved in this appeal. The habendum clause of this deed recited that said land was conveyed “unto the party of the second part, and her heirs and assigns forever, as and for her separate property.” A similar phrase was incorporated in the bill of sale. Domestic trouble arose between the parties. April 29, 1924, respondent commenced an action for divorce on the ground of extreme cruelty, and alleged that said land was conveyed to appellant to be held by her in trust as community property; that she had made false and unjust accusations against respondent, and that she feared he might dispose of their property to her…