Huneke

The action was one in divorce based upon charges of extreme cruelty, and for a decree establishing the rights of the parties to a homestead alleged to constitute all of the property owned by the parties to the action. The answer of defendant denied the allegations of the complaint; denied that the property was a homestead, but, on the contrary, asserted the same to be the separate estate of the defendant. By cross-complaint, defendant sought a decree of divorce and a decree adjudging the property described in the complaint and cross-complaint to be her separate estate. An issue was presented upon all the matters involved in the cross-complaint. The cause came on for trial September 17, 1906, and the court found in favor of plaintiff as to all the issues presented, and against defendant, and especially as against her claim of the separate character of the property involved. The court adjudged the property described to be community property, and that the same was impressed with a valid homestead, and by its interlocutory decree ordered that one year from the entry thereof a final decree of divorce should be entered in favor of plaintiff and that the homestead should by such decree…