Larson

The plaintiff in this action is the widow of Alfred Larson, deceased. The defendant is the administrator of the estate of plaintiff’s husband, and this action is one in claim and delivery. The plaintiff alleged in her complaint that one thousand five hundred dollars was the value of the property sued for. This allegation was not denied by the defendant. His answer admitted taking the property from the possession of the plaintiff without her consent. He denied, however, that such taking was wrongful; and in that behalf alleged that the property in suit was -the community property of plaintiff and her husband, Alfred Larson deceased, and that the defendant as the administrator of the estate of the latter, was lawfully entitled to the possession of such property for the purpose of administration.

The trial court found against the plaintiff upon the issue of ownership and the right to possession. Judgment was rendered and entered for the defendant in substance for the return of the property or its value in the sum of one thousand five hundred dollars, and for damages for the retaking and withholding of the property in the sum of $360.20.

The plaintiff has appealed from the judgment…