Dvorsky
Dvorsky v. Balkum
Opinion
Lead Opinion
Sturtevant, J.
From a judgment in favor of the plaintiff quieting his title to a lot in Los Angeles the defendant has appealed. The plaintiff filed a complaint describing the lot and inserted the ordinary allegations of a cause of action to quiet title. The defendant filed an answer in which he alleged his title and interest and in which he denied the plaintiff’s allegation “that the defendant’s claim is without right”, etc. He also alleged: “That the said James W. Dvorsky and Hallie Byrd Dvorsky intermarried on the 18th day of June, 1924; that at said time the said James W. Dvorsky had certain separate property and was engaged in buying and selling real estate, mortgages, trust deeds and other similar securities in Los Angeles county; that the property described in the complaint is only one parcel of the property so acquired by said James W. Dvorsky during said marriage state; that he continued to carry on said business until the time of his death and made very large profits therein, which were much in excess of the income which the said separate property put at interest would have brought; that the said Hallie Byrd Dvorsky had a community interest in said excess of income, and that the amount…