Barrow

This is an action for divorce, for attorney’s fees, for division of alleged community property, and for general relief, brought by plaintiff against defendant on the ground of extreme cruelty.

The material allegations of the complaint were denied by defendant’s answer. -While admitting the formal parts of the complaint in his answer, he denied, as aforesaid, all the material allegations contained therein as to community property—alleging this as his own separate property—and as to the alleged extreme cruelty. He also admitted that he had received from plaintiff money which was used by him in the improvement of his own property. Upon the issues thus presented, the court denied plaintiff’s application for divorce, etc., refused to divide the said real property, and found that it was the separate property of defendant, subject to existing mortgages. There was a motion for new trial, which was denied by the court. From the judgment and order denying her motion for new trial plaintiff appeals.

Appellant urges, in support of her contention that the judgment herein should be reversed, the consideration by this court of the following points, viz.: (1) “Whether or not plaintiff proved…