Rusell

This is an action to quiet title. 'The plaintiff had judgment as prayed, and the single question presented upon the defendant’s appeal is whether or not the evidence sustains the finding of the trial court that the property involved in the action was community property of the plaintiff and his deceased wife. After a careful examination of the record we have arrived at the conclusion that this question must be answered in the affirmative.

[1] The plaintiff and his wife, Martha L. Mitchell, were at the time of the latter’s death living upon the property here concerned, and it stood of record in her name. By her last will and testament she undertook to devise it to the defendant, her daughter by a former marriage, and she left the remainder of the property standing of record in her name to her husband, the plaintiff. The testimony tending to support the judgment is as follows: The plaintiff and the deceased were married in Massachusetts in the year 1893, and in the following year they moved to this state, settling in the city of San Diego. The plaintiff at that time was possessed of $150, and his wife of an amount somewhat in excess of two thousand five hundred dollars. They lived…