Glass

Appeal by plaintiff from a portion of the judgment of the superior court of Los Angeles county, and from an order denying a new trial.

Plaintiff in her complaint, which was one for divorce based upon grounds of extreme cruelty, joined therewith an action to quiet her title as against defendant to an undivided one-half of certain described premises, claiming the whole thereof to be her separate estate. Defendant answered, joining issue upon all of the allegations of the complaint and further filed a cross-complaint for a divorce, charging plaintiff with extreme cruelty, and in addition alleged that the whole of the premises described in the complaint were his separate estate; that plaintiff had obtained a conveyance from defendant of an undivided one-half- thereof upon the representation and promise that she would pay and discharge a mortgage lien existing upon the whole of said premises; that this she had failed and refused to do and by reason thereof the consideration for said conveyance had wholly failed. Plaintiff answered his cross-complaint, denying that she ever made such promise and that said property was the separate estate of defendant. Upon the trial the court found…